Mullaperiyar Baby Dam: State Of Tamil Nadu Moves Supreme Court Seeking Permission To Fell Trees For Strengthening Dam

In a new development relating to the Mullaperiyar dam dispute between the State of Kerala, where the dam is located, and the State of Tamil Nadu which manages the dam, the State of Tamil Nadu has moved the Supreme Court seeking permission to fell trees for strengthening the Baby Dam at Mullaperiyar.

An application has been filed before the Top Court seeking directions to the State of Kerala to restore the permission granted for felling of trees through its communication dated 06.11.2021 and permit the completion of strengthening works by Tamil Nadu.

Tamil Nadu has also sought directions to the State of Kerala to permit it to carry materials and machinery for grouting work at the main dam and to issue necessary orders to repair Vallakadavu – Mullai Periyar Forest Road at the earliest

Further directions have been sought to the State of Kerala to install rain gauge stations in the catchment area of the Mullai Periyar dam at an early date in compliance to the decision taken by the Supervisory Committee in 2015 and transfer data online to the State of Tamil Nadu.

The State of Tamil Nadu in its application has stated that the State of Kerala on 6th November granted permission for felling 15 numbers on condition that timber and the firewood shall not be used or taken outside the sanctuary, however the same order was frozen two days later.

The reason given by the State of Kerala to freeze the order was that cases that affect the relations of the State Government with any other State Governments are to be brought before the Council of Ministers which had not been done in the instant case.

The State of Tamil Nadu has argued that the State of Kerala, on one hand, raises the issue of safety of the Mullai Periyar Dam and on the contrary obstructs Tamil Nadu from carrying out the strengthening works to the Baby Dam which is pending for over 20 years.

Further, according to the State of Tamil Nadu other recommendations for the repair of ghat road and installation of rain gauge stations in the catchment of the Mullai Periyar Dam with telemetry system for flood forecasting, which is pending since 2015 for better regulation of the reservoir have not been implemented by Kerala.

The State of Tamil Nadu has submitted that the strengthening of the Baby Dam was the recommendation of the Expert Committee in 2000, affirmed by the Supreme Court in 2006. However, the Baby Dam could not be strengthened on account of the obstructionist attitude and failure of Kerala in granting permission. 

The application has been filed by Advocate D Kumanan, drawn by Advocate G Umapathy and settled by Senior Advocate V Krishnamurthy and settled by Senior Advocate Shekhar Naphade. 

Case Title: IA in State of Tamil Nadu vs State of Kerala & Anr