Mullaperiyar Dam Case Between Kerala and Tamil Nadu Ends

24 August 2013
Kottayam

The final hearing on the controversial Mullaperiyar case between Kerala and Tamilnadu, which began on July 23 before a five –judge Constitution Bench of the Supreme Court, ended on Wednesday with positive comments from the Bench giving ample breathing space for Kerala.

The Bench has reserved its verdict giving time to both the states to submit their arguments in writing within two weeks. On the final day of the hearing, the Bench had opined that the Supreme Court’s earlier judgment in 2006, which was in favour of Tamil Nadu, could not be taken as a precedent for a new verdict because of the change in ground realities.

Kerala, which was been able to argue its case with valid documents in the final stages of the hearing, elicited favourable comments from the Constitution Bench. The counsels of the state had solid answers to all safety-related questions raised by Tamil Nadu in the final day of hearing. Unlike in the past, Kerala had prepared its arguments well and had completed its background work meticulously taking much effort in the process. The arguments by Harish Salve and Mohan Katarki before the Constitution Bench were noteworthy and they compelled the judges to ask questions that cornered Tamil Nadu on many occasions. On the other hand, Tamil Nadu was most of time at the receiving end and struggled to present counter arguments.

For Kerala, it was a fight against all odds in the final stage of hearing and the state’s legal team on Mullaperiyar is happy with their performance. The main relief for Kerala in this case is that the Constitution Bench had acknowledged the State Legislature’s power to make any law concerning the safety of the dam, with exception to the Supreme Court’s 2006 verdict allowing Tamil Nadu to raise the water level up to 142 feet.

The bench comprising justices R M Lodha, H L Dattu, C K Prasad, Madan B Lokur and M F Eqbal is hearing a suit filed by Tamilnadu questioning the law enacted by Kerala Legislature in 2006 to restrict water level in the Mullaperiyar dam to 136 ft even though the Supreme Court had permitted Tamil Nadu to raise the water level up to 142 ft.

The bench on Wednesday opined – “If you wait for the court’s verdict and by the time if a calamity happens and wipes out everything, how can you blame the Legislature from acting? Legislature is responsible to its people . Kerala is susceptible to heavy rainfall. You cannot ignore global warming. We are not at all obsessed with judicial power. Constitution is the guiding light for us.’

Source– http://english.manoramaonline.com/cgi-bin/MMOnline.dll/portal/ep/contentView.do?contentId=14819895&channelId=-1073865028&catId=-206121

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