STATE OF TAMIL NADU Vs. STATE OF KERALA

JUDGEMENT

(1.) We have heard Mr. K. Parasaran, learned Senior Counsel for the State of Tamil Nadu, and Mr. Harish N. Salve, learned Senior Counsel for the State of Kerala, at some length. Regard being had to the nature of controversy, we are of the opinion that before we proceed further in this case, it would be appropriate to call for a report from an Empowered Committee on all the issues that arise in relation to the Mullai Periyar Dam and the concerns raised by both the States in relation thereto.

(2.) It may be noticed that apart from the legal and constitutional issues, inter alia, the real grievance that concerns the State of Tamil Nadu is of not being able to increase reservoir level of Mullai Periyar Dam to 142 ft. The concern of the State of Kerala, on the other hand, appears to be relating to the safety of the dam.

(3.) While the State of Tamil Nadu had submitted that in the present suit they seek invalidation of the Kerala Irrigation and Water Conservation (Amendment) Act, 2006 that seeks to override the judgment of this Court in the previous case, the State of Kerala had submitted, amongst other things, that there are genuine concerns as to the safety of Mullai Periyar Dam, and that they have also offered to build a new dam at their cost which will ensure that there is no fall in the water drawls of the State of Tamil Nadu, and that their law is valid.