The Tamil Nadu government has withdrawn its interim plea from the Supreme Court that sought to deploy CISF to protect the Mullaperiyar dam in Kerala. The move comes after the Supreme Court objected to filing of such pleas in an already decided case.
The plea was filed by Tamil Nadu government in February 2016 asking for CISF protection for the dam since the Kerala government did not facilitate the management of the dam by Tamil Nadu employees.
Senior advocate Rakesh Dwivedi, who represents Tamil Nadu said that the state will file a review petition to review the Supreme court’s decision.
The objection to filing such pleas was raised by a three-judge bench headed by Chief Justice T S Thakur, who went on to state that, “Once the decree is passed, you cannot file interim applications in it. You seek execution of the decree and you may seek review of the verdict if you want any modification.”
The Mullaperiyar Dam has historically been a cause for conflict between Kerala and Tamil Nadu. Though the dam is situated in the Thekkady district of Kerala, it is used by the Tamil Nadu government.
In 2006, the Kerala government declared the Mullaperiyar dam as ‘endangered’, preventing Tamil Nadu from raising the water level of the dam to 152 ft.
In the Supreme Court’s decision on May 7, 2014, the dam was declared safe and allowed the Tamil Nadu government to raise the water level to 142 ft. After the completion of the strengthening measures for the dam, the water levels were allowed to be raised to 152 ft.
A five-judge Constitution Bench had also struck down the Kerala Irrigation and Water Conservation (Amendment) Act, 2006 which had allowed the Kerala government to declare the dam as endangered and restrict the water level at 136 ft.
The Mullaperiyar dam is a masonry dam. It was constructed pursuant to the Periyar Lake Lease Agreement of October 29, 1886 across Periyar river. The dam is leased to Tamil Nadu.
(With inputs from PTI)