The apex court observed that the two states were making contradictory statements and political observations but that did not affect the court.
The apex court was hearing a petition filed by the Kerala government seeking directions to Tamil Nadu not to release large quantities of water from the dam in the morning as it would cause severe damage to people living in the areas below the dam.
A bench of Justices AM Khanwilker and CT Ravikumar said that the parties should first approach the Oversight Committee before taking any action regarding the release or handling of water from the dam built on the Periyar River in Idukki district of Kerala in 1895.
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‘We say nothing more. Both sides must be disciplined and no new petitions need to be brought before this court with complaints that can be resolved by consensus of all, ”the bench said.
The bench observed that the best judge who can make a decision in this matter is the oversight committee and the committee will consider the request for release of water and its necessity.
‘This conflict must end now. Both governments must act as ordinary arbitrators before the courts. Do not take a serious stand ‘, the bench observed orally. ‘You may have political pressure outside, but you do not want politics in court. You are making statements and political observations that contradict each other. It does not affect us at all. Please understand what we are saying ”, the Supreme Court said.
The bench observed that the day-to-day affairs of the dam should not come before the Supreme Court and the parties should resolve the issues before the committee by consensus. The advocate appearing for Kerala said that the state has submitted an application in the matter.
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Senior advocate Shekhar Nafade, appearing for Tamil Nadu, said the petitions would continue to come and that the Supreme Court should consider the main issue in the case. Kerala’s lawyer told the bench that Tamil Nadu should be notified 24 hours before the water is released from the dam as it could cause flooding. Consideration of petitions related to Mullaperiyar Dam has been postponed to January 11.
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