The Kerala High Court on Monday halted all proceedings related to the controversial notification issued under the Kerala State Electricity Regulatory Commission (Renewable Energy and Related Matters) Regulations, 2024.
A bench of Justice Mohammad Niaz C.P. stayed the operation, enforcement, and implementation of the November 5 notification, effectively putting the new regulations on hold until further judicial review.
The order came on a plea filed by the Domestic On-Grid Solar Power Prosumers Forum, which challenged both the drafting process of the regulations and the appointment of KSERC members. The petition alleged that the commission, meant to function as an independent body, had been “captured” by the Kerala State Electricity Board (KSEB).
Solar prosumers objected to the draft regulations, claiming they imposed restrictive conditions—particularly a 3 kW cap on net metering—and introduced new charges for electricity exported to the grid, which they said would discourage domestic solar adoption.
The High Court noted that during a hearing on November 3, a senior advocate representing KSERC had assured the court that no notification would be issued until all public objections were duly considered, a process expected to take about a month.
However, despite that assurance and an interim court direction asking the registry to place the matter before the Chief Justice for appropriate orders, KSERC issued the regulations just two days later, on November 5.
“Since the matter is now directed to be heard by this court, there shall be a direction to respondents 1 to 3 to file counter-affidavits meeting the allegations raised in the writ petition, to enable this court to consider the legality and validity of the regulations dated November 5,” the court observed.
The case will be taken up again on December 1, when the court will examine the counter-affidavits and decide on the legality of the regulations.
