In response to Tamil Nadu’s plea to replace Kerala police with Central force at the Mullaperiyar dam a Bench led by Chief Justice of India H.L. Dattu asked the Kerala government to file reply within two weeks. Senior advocate Rajeev Dhawan, appearing for Kerala, argued that it is “our [Kerala] duty to protect the dam”.
The apex court also asked Kerala to respond to an additional affidavit by the Tamil Nadu government, represented by senior advocate Rakesh Dwivedi and advocate G. Umapathy, to stop any unilateral move by Kerala to construct a new dam on the Mullaperiyar site, saying such a step would be virtually in contempt of the Supreme Court judgment of May 7, 2014.
The affidavit quoted the May 2014 judgment observing that no such offer of a new dam can be thrust on Tamil Nadu, and both States have to act in agreement.
It has sought a direction to the Union Environment Ministry to withdraw the clearance granted to Kerala by the Standing Committee of the National Board for Wildlife on December 3, 2014, to conduct an environment impact assessment study.
In an application filed in May 2015 in the apex court, Tamil Nadu had accused Kerala of “stealthily” bringing drilling machinery to work on the new dam. It had said that the Kerala government had submitted a proposal for construction of new dam and the Standing Committee of the National Board of Wild Life considered its proposal and had accorded permission only to conduct survey and investigation without in any way affecting any other legal and administrative clearances required for the new Mullaperiyar dam located in the Periyar Tiger Reserve.
The application had contended that the proposal for a new dam was an attempt to “deprive” Tamil Nadu its right to the waters of the Mullaperiyar dam.
“This is a continuing saga. This has to stop somewhere,” Mr. Dhawan submitted in court.
“That's correct, but where,” asked the Chief Justice, posting the case after four weeks.
The court also asked Kerala to respond to an affidavit to stop any unilateral move to construct a new dam
