Supreme Court Frames Issues In Tamil Nadu's Suit Against Kerala Over Alleged Encroachment In Mullaperiyar Catchment Area

In the suit filed by State of Tamil Nadu alleging that Kerala's construction of a mega car project in the Mullaperiyar catchment area encroached upon the area leased to it, the Supreme Court recently framed issues arising for consideration.

A bench of Justices Abhay S Oka and AG Masih passed the order, stipulating the issues thus:

i. Whether the Suit is not maintainable under Article 131 of the Constitution?

ii. Whether the plea of the defendant on the validity of the Lease Deed of 1886 is not barred by the principles of res judicata?

iii. Whether the Government of India is the true successor to the Lease Deed of 1886 instead of Government of Tamil Nadu by virtue of Article 249(b) of the Constitution, conceding that the Standstill Agreement executed between Princely State of Travancore and Dominion of India as per the provisions of Section 7(1)(b) of the Indian Independence Act, 1947 survived after the commencement of the Constitution of India?

iv. Whether the Lease Deed of 1886 is valid and enforceable in the changed circumstances?

v. Whether Section 108 of the State Reorganisation Act will attract and give protection to the Lease Deed of 1886 as the Section only deals with the agreements entered into by the “existing States” defined by Section 2(g) of the State Reorganisation Act of 1956?

vi. Whether the various encroachments in the leased area by the actions of the defendant is not an infringement on the rights of the plaintiff under the Lease Deed of 1886?

vii. Whether the defendant is interfering with the right to peaceful and exclusive possession under the Lease Deed of 1886 and the Supplementary Agreement of 1970?

viii. Whether the proposed Mega Car Parking area is not in the water spread area of the Mullai Periyar Dam?

ix. Whether the proposed construction of the Mega Car Parking Complex in the water spread area of the Mullai Periyar Dam is in breach and violation of the rights under the Lease Deed of 1886? 

x. Whether the Survey Report of March 2024 submitted by the Survey of India is correct and has any relevance to the present Suit?

xi. To what relief the plaintiff is entitled to?

The matter is next listed on September 30 for directions.

It may be recalled that in November, 2023, on agreement by both parties, the court had directed a survey by the Survey of India to determine the extent of the property covered by the Periyar Lake Lease Agreement. The crucial question sought to be answered by way of the survey was whether the mega car park by Kerala encroached upon any part of the property covered by the Lease Agreement.

The report came to be filed in a sealed cover on March 5, 2024, and was directed to be supplied to the parties. Upon perusing the same, the State of Tamil Nadu raised objections to the finding that the Mega Car Park was not situated in the leased area, causing the court to list the matter for framing of legal issues.

Background

The Mullaperiyar dam was constructed between 1887 and 1895 to divert water of the west-flowing Periyar river to arid regions of the east (including areas of the Madras Presidency).

On October 29, 1886, a lease indenture for 999 years (called the Periyar Lake Lease Agreement) was signed between the Maharaja of Travancore (then princely state and reorganized after independence as Kerala) and Secretary of State for British India, for Periyar irrigation works.

After the independence of India, this agreement was renewed by the states of Tamil Nadu and Kerala in 1970, giving Tamil Nadu rights over the land and water related to the dam, as well as authority to develop hydropower projects at the site, while Kerala received rent.

As a consequence of the agreements, Tamil Nadu has been operating the Mullaperiyar dam which is situated on Periyar river in Kerala.

In 2014, the present suit was filed by Tamil Nadu aggrieved by the construction of a mega car park by Kerala in the Mullaperiyar catchment area. Through the suit, Tamil Nadu sought to permanently restrain Kerala from encroaching upon the area leased to the former.

Case Title: State of Tamil Nadu v. The State of Kerala, Original Suit No.4/2014

Click here to read the order