'Apprehension Of Threat Unfounded': Madras HC Junks PIL To Regulate Kerala Politicians' Entry Near Mullaperiyar Dam For Its Safety

The Madras High Court last week dismissed a PIL plea to regulate the entry of Kerala Politicians near the Mullaperiyar Dam (in Kerala's Idukki) and to assure the safety of the Dam.

"Apprehensions of threat to dam are unfounded": a bench comprising Justice SS Sundar and Justice D Bharatha Chakravarthy said as it noted that the safety of the dam has been ensured by the Supreme Court of India.

Essentially, the bench was dealing with the plea moved by Er A Kanagasabapathy seeking a direction to the respondents to regulate the entry of Kerala Politicians and others near the dam and to "assure" the safety of the Mullai Periyar Dam under the occupation and the enjoyment of the Tamil Nadu Government.

At the outset, the Court noted that the dam in question was the subject matter of an inter-state dispute between the State of Kerala and the state of Tamil Nadu over the safety of the Dam and its capacity to withstand if water is stored up to the level of 142 feet which was necessary for storage and flow of water into Tamil Nadu through the tunnel built from the dam site.

The Court further noted that ultimately, the dispute was decided by the Constitution Bench of the Supreme Court of India in the exercise of powers under Article 131 of the Constitution of India vide its Judgment delivered in the year 2014  State of Tamil Nadu Vs. State of Kerala and Another by holding that the dam was stable to hold water up to the level of 142 feet.

In that very case, the High Court noted, a Supervisory Committee was also appointed for restoration up to the elevation of 142 feet and to periodically inspect the dam, more particularly before the monsoon and during the monsoon and keep a close watch on its safety and recommend measures which are necessary.

"Any such measures which are recommended by the Supervisory Committee shall be carried out by the State of Tamil Nadu. The Committee is also free to take appropriate steps and issue necessary directions to the two States-Tamil Nadu and Kerala or any of them for the safety of Mullai Periyar Dam in an emergent situation. The Committee is also empowered to permit the State of Tamil Nadu to carry out further precautionary measures that may become necessary upon its periodic inspection of the dam in accordance with the guidelines of Central Water Commission and Dam Safety Organisation," the Court further noted.

Against this backdrop, the Court said that the apprehensions expressed by the petitioner that there may be a threat on account of the assembling of members of political party near the dam are all unfounded and the safety of the dam is ensured by the Hon'ble Supreme Court of India.

Accordingly, noting that the Supervisory Committee and both the Governments of the State of Tamil Nadu and Kerala have been taking adequate care of the dam, the Court dismissed the PIL plea.

Case title - Er.A.Kanagasabapathy vs. Government of Tamil Nadu and others

Case Citation: 2023 LiveLaw (Mad) 234

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