Supreme Court notice to Kerala on Tamil Nadu's plea in Mullaiperiyar dam
New Delhi: The Supreme Court on Thursday issued notice to the Kerala government, on a petition filed by Tamil Nadu seeking a direction to allow Kerala to execute the apex court order in raising the water level of Mullaiperiyar dam up to 142 ft.
A three-judge Bench of Chief Justice J.S. Khehar and Justices D.Y. Chandrachud and Sanjay Kishan Kaul issued notice after hearing senior counsel Rakesh Diwedi for TN seeking a direction to Kerala not to obstruct or cause hindrance in any manner on free access of its officials and labourers to the Mullaiperiyar dam and its appurtenant structures to carry out repair and other works. Counsel G. Prakash appeared for Kerala.
In its application, TN alleged that Kerala was preventing officials of the State from carrying out the directions of SC to take steps to strengthen the safety measures to the dam. It said Kerala was hindering the free entry and access from the territory of Kerala into the demised area under the lease deed of the Mullaiperiyar dam.
It said ever since the Judgment of this Court, Kerala through its officials in utter disregard to the Decree are interfering and obstructing in carrying out the balance strengthening works by not giving necessary clearances to cut the trees in the leased area and obstructing the officials of TN in day to day management of the dam. TN said Kerala is refusing to grant clearance to fell 23 trees existing downstream of the baby dam of Mullaiperiyar dam in the area leased to TN and to lay an approach path way in the above area to enable to carry out the remaining strengthening works to the baby dam.
The state of Kerala and its officials are raising untenable objections and interfering with the operation and control of the dam by resorting to various hindrances to TN and its officials in discharging the functions towards control, operation and maintenance of the dam which, inter-alia, includes the safe upkeep of the dam.
