New Delhi: The Supreme Court on Wednesday observed that the governments of Tamil Nadu and Kerala are "fighting like school children" over the Mullaperiyar dam interstate dispute.
The apex court directed the new supervisory committee constituted in January 2025 to examine the prayers made by the Tamil Nadu government and take a decision.
"We are only wondering if these issues really require judicial adjudication...find out the solution, preferably acceptable to both sides," said the apex court bench comprising Justices Surya Kant and N Kotiswar Singh.
The apex court was hearing a plea filed by the Tamil Nadu government alleging that permission to undertake certain activities in the dam's vicinity, including cutting trees, was revoked by the Kerala government.
During the hearing, Justice Kant, noting that many cases concerning the dam are pending, said, “We want to pass an order today if the counsel of Tamil Nadu and Kerala governments can give a list of all cases. We will put the matter before the CJI and request him to consolidate all the matters before one bench”.
“Look at the problem, they say we are required to cut some trees and we have to reach there and carry out the repair (of the dam). They say you are permitting only one boat and they want two boats...like school children are fighting….," Justice Kant observed.
Senior advocate Jaideep Gupta, representing the Kerala government, said the problem over boats had been solved. “We are only pointing out what is there…then you are saying that whatever repair work has to happen it will happen in the presence of your executive engineer. They are saying no, this is not acceptable. We are only wondering if these issues really require judicial adjudication," said Justice Kant.
The bench said there is a supervisory committee constituted by the Centre and not by either Kerala or Tamil Nadu, and that committee is like a neutral empire.
Senior advocate Shekhar Nahpade, appearing for Tamil Nadu, said Kerala in the past 25 years of litigation "has attempted to drive to a situation where the existing dam would have to be demolished...that is why, anything we say there is an obstruction".
The bench said it does not have an answer to something which could not be resolved in the past 25 years. “We will try to solve this problem…if we direct the supervisory committee to immediately convene a meeting (to look into the grievances of Tamil Nadu), and get them resolved. And, if there is a dispute, they submit a report to the court, then we can resolve," said Justice Kant.
Nahpade said the committee has tried its best and its decision is "not being followed by Kerala under one pretext or the other". Kerala counsel raised the issue regarding the composition of the committee. To which Justice Kant remarked: "We can ask them to reconstitute but some work should continue and everything should not come to a standstill".
Kerala counsel said the dam was as the dispute lingered on, the dam was 25 years older to which the Tamil Nadu counsel said the dam was "found to be safe". Gupta, who represented Kerala, said Tamil Nadu was "avoiding" the review which has to happen every 5 years, regarding the safety of the dam.
The bench noted that the dispute between Tamil Nadu and Kerala on the rights over Mullaperiyar dam was decided by a three-judge bench of the apex court in February 2006. Tamil Nadu filed an original suit in 2006 challenging the constitutionality of Kerala Irrigation and Water Conservation (Amendment Act 2006). The Act was struck down by the apex court in a judgment in May 2014.
The bench noted that alleging the non-compliance of this judgment, Tamil Nadu filed an intervention application (IA) in 2017, accusing the Kerala government of: not granting clearance for cutting trees to make an approach path to the dam, not providing entry and access from the Kerala side into the dam area, and not allowing officials the access to gauge rainfall in the area to prepare charts to manage the dam.
The bench noted that the Kerala government, in its counter affidavit, asserted that the decree dated May 7, 2014, is self-executing, and Kerala is entitled to verify the identity of the persons coming from Tamil Nadu, as it is a wildlife area, and also Kerala has implemented automatic real-time rain gauges, and there is no stoppage of transport vehicles.
The bench also noted that the Kerala government claimed that the cutting of trees was not an issue resolved by the May 2014 judgment. Tamil Nadu, in a rejoinder, claimed that Kerala was deliberately obstructing the implementation of two decisions in its favour delivered by the apex court.
“We have heard senior counsel for both the states. It seems to us that a new supervisory committee along with its chairman, who has been appointed on January 3, 2025, must look into the prayers made on behalf of Tamil Nadu, and find a solution, preferably acceptable to both sides. However, in the event of any dispute regarding any of the issues the committee is directed to submit its report to this court to resolve the issues”, said the bench in its order.
The bench said the chairman of the committee will convene the meeting of officers of both states within one week and necessary action should be taken within two weeks thereafter, and a report shall be submitted to this court in the fourth week from today.
“Meanwhile, we find that the following cases have been filed before this court wherein there are overlapping reliefs, sought in favour or against Tamil Nadu or Kerala. We are informed that some of these matters are listed before different benches. An order dated January 28, 2025, passed by a coordinate bench reveals that counsel for the parties jointly informed the court that the original suit of 2006, is being considered by a three-judge bench of this court…..”, the bench said in its order.
“Some of the matters are required to be listed before a three-judge bench... in the interest of justice, club all the matters and list them before one bench. The matter may be placed before the CJI for appropriate orders....”, said the bench.
Tamil Nadu counsel said he hoped that the Kerala government realized that there is a constitutional value of cooperative federalism.
The Mullaperiyar dam has been a source of friction between Tamil Nadu and Kerala for several years. While the dam and its catchment area are within Kerala, the water from its reservoir is used by Tamil Nadu and is the lifeline of five districts in the state.
The apex court in 2014, ruled in favour of Tamil Nadu and held that the dam is safe but the water level in the dam's reservoir should be kept at 142 feet. The apex court had then constituted a supervisory committee to manage the dam. Tamil Nadu has all along maintained that the dam is safe and has also sought directions for strengthening the existing dam.
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