The Madurai Bench of the Madras High Court on Wednesday dismissed a petition that sought a direction to authorities to conduct surveys and feasibility studies to drill a second tunnel for 50 feet in Mullaperiyar dam so that farmers of the southern districts are benefited.
A Division Bench of Justices S.S. Sundar and D. Bharatha Chakravarthy observed that the core dispute between Tamil Nadu and Kerala in respect of Mullaperiyar dam was over storage of water: whether it should be only up to 136 ft or 142 ft, and it was ultimately decided by the Constitution Bench of the Supreme Court.
The court observed that one of the alternative solutions, suggested by the Expert Committee appointed by the Supreme Court, was digging of a new tunnel. However, the Supreme Court itself had answered the issue by holding that the alternative could only be made on the agreement between the two States and that there seemed to be no possibility of mutual agreement on that aspect.
Therefore, the contention of the petitioner that there was a direction by the Supreme Court was misconceived, the court observed.
The court observed that the issue was squarely within the ambit of inter-State dispute and when the Supreme Court had considered the issue, this court could not entertain the prayer. The court dismissed the petition filed in 2022 by M. Sundararaj of Madurai district.
The court also dismissed two other connected petitions — one filed in 2011 by TNPWD Senior Engineers Association seeking a direction to authorities to remove encroachments on Mullaperiyar dam area and the other filed in 2012 by A. Kanagasabapathy seeking a direction to the authorities to regulate entry of Kerala politicians and others and ensure the safety of the dam.