STATE OF TAMIL NADU Vs. STATE OF KERALA
LAWS(SC)-2014-5-12
SUPREME COURT OF INDIA
Decided on May 07,2014

STATE OF TAMIL NADU Appellant
VERSUS
STATE OF KERALA Respondents


Referred Judgements :-

NICHOLAS V. THE QUEEN [REFERRED TO]
RAM BABU SAKSENA VS. STATE [REFERRED TO]
VIRENDRA SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
MAHARAJ UMEG SINGH VS. STATE OF BOMBAY [REFERRED TO]
M S M SHARMA VS. KRISHNA SINHA [REFERRED TO]
DARYAO HURMAT S O SATWA MAHENDRA LAL JAINI ROOP CHAND BRUHAN KUMAR SADASHIV RAMCHANDRA DALVI VS. STATE OF UTTAR PRADESH [REFERRED TO]
GULABCHAND CHHOTALAL PARIKH VS. STATE OF GUJARAT [REFERRED TO]
PRITHVI COTTON MILLS LIMITED VS. BROACH BOROUGH MUNICIPALITY [REFERRED TO]
JANAPADA SABHA CHHINDWARA STATE OF MADHYA PRADESH VS. CENTRAL PROVINCES SYNDICATE LTD:AMALGAMATED COALFIELDS LTD [REFERRED TO]
MUNICIPAL CORPORATION OF CITY OF AHMEDABAD AYODAYA GNG AND MFG CO LIMITED VS. NEW SHROCK SPG AND WVG CO LTD [REFERRED TO]
HARI SINGH BHARTIYA HOTEL VS. MILITARY ESTATE OFFICER:UNION OF INDIA [REFERRED TO]
TIRATH RAM RAJINDRA NATH LUCKNOW VS. STATE OF UTTAR PRADESH [REFERRED TO]
HIS HOLINESS KESAVANANDA BHARATI SRIPADAGALVARU SHRI RAGHUNATH RAO GANPAT RAO N H NAWAB MOHAMMAD IFTIKHAR ALI KHAN SHETHIA MINING AND MANUFACTURING CORPORATION LIMITED THE ORIENTAL GOAL GO LIMITED VS. STATE OF KERALA:UNION OF INDIA [REFERRED TO]
MADAN MOHAN PATHAK RAM PARKASH MANCHANDA VS. UNION OF INDIA [REFERRED TO]
SANJEEV COKE MANUFACTURING COMPANY BHARAT COKING COAL LIMITED VS. BHARAT COKING COAL LTD:SANJEEV COKE MANUFACTURING COMPANY [REFERRED TO]
R S NAYAK PADMAKAR BALKRISHNA SAMANT VS. A R ANTULAY:ABDUL REHMAN ANTULAY [REFERRED TO]
HINDUSTAN GUM AND CHEMICALS LIMITED VS. STATE OF HARYANA [REFERRED TO]
P SAMBAMURTHY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
DOYPACK SYSTEMS PRIVATE LIMITED NATIONAL TEXTILE CORPORATION NEW DELHI NARESH KLJMAR PARTI DOYPACK SYSTEMS PRIVATE LIMITED SWADESHI MINING AND MANUFACTURING COMPANY LIMITED VS. UNION OF INDIA [REFERRED TO]
ISABELLAJOHNSON VS. M A SUSAI [REFERRED TO]
VIJAY MILLS COMPANY LIMITED VS. STATE OF GUJARAT [REFERRED TO]
P KANNADASAN VS. STATE OF TAMIL NADU [REFERRED TO]
S S BOLA VS. B D SARDANA [REFERRED TO]
VIRENDER S HOODA VS. STATE OF HARYANA [REFERRED TO]
INDIRA SAWHNEY VS. UNION OF INDIA [REFERRED TO]
STATE OF BIHAR VS. BAL MUKUND SAH [REFERRED TO]
SANDEEP SINGH VS. STATE OF HARYANA [REFERRED TO]
UNION OF INDIA VS. ELPHANSTONE SPINNING AND WEAVING CO LTD [REFERRED TO]
RUPA ASHOK HURRA VS. ASHOK HURRA [REFERRED TO]
UNION OF INDIA VS. ASSOCIATION FOR DEMOCRATIC REFORMS [REFERRED TO]
PEOPLES UNION FOR CIVIL LIBERTIES VS. UNION OF INDIA [REFERRED TO]
VIRENDER SINGH HOODA VS. STATE OF HARYANA [REFERRED TO]
MULLAPERIYAR ENVIRONMENTAL PROTECTION FORUM VS. UNION OF INDIA [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. UNION OF INDIA [REFERRED TO]
STATE OF ANDHRA PRADESH VS. STATE OF MAHARASHTRA [REFERRED TO]
SHEOPARSAN SINGH VS. RAMNANDAN PRASHAD NARAYAN SINGH [REFERRED TO]
STATE OF ORISSA VS. STATE OF A. P. [REFERRED TO]



Cited Judgements :-

SANJAY PRASAD VS. STATE OF BIHAR [LAWS(PAT)-2021-1-46] [REFERRED TO]
LAKHAN MUSAFIR AND ORS. VS. SARDAR SAROVAR NARMADA NIGAM LIMITED AND ORS. [LAWS(NGT)-2015-9-2] [REFERRED TO]
RAGHAV CHADHA VS. RAJYA SABHA SECRETARIAT [LAWS(DLH)-2023-10-65] [REFERRED TO]
MADRAS BAR ASSOCIATION VS. UNION OF INDIA [LAWS(SC)-2021-7-9] [REFERRED TO]
DLF LIMITED AND ORS. VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-2-133] [REFERRED TO]
AUGUSTINE M. YANTHAN VS. STATE OF NAGALAND [LAWS(GAU)-2019-5-132] [REFERRED TO]
ALL INDIA UNION BANK OFFICERS VS. UNION OF INDIA [LAWS(MAD)-2016-4-228] [REFERRED TO]
BABU DANIEL VS. MADRAS MEDICAL MISSION [LAWS(MAD)-2021-10-141] [REFERRED TO]
B.K. NAIK AND ORS. VS. STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2015-7-44] [REFERRED TO]
NOOPURA VISHWAJIT KULKARNI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-7-75] [REFERRED TO]
SONERI SHASHANK DOCTOR VS. STATE OF GUJARAT [LAWS(GJH)-2016-9-13] [REFERRED TO]
SRI BASAVARAJ SHIVAPPA MUTTAGI VS. STATE OF KARNATAKA [LAWS(KAR)-2021-10-9] [REFERRED TO]
JAYAMMA VS. STATE OF KARNATAKA [LAWS(KAR)-2020-1-146] [REFERRED TO]
STATE OF TAMIL NADU VS. STATE OF KARNATAKA [LAWS(SC)-2019-11-37] [REFERRED TO]
ANIMAL WELFARE BOARD OF INDIA VS. UNION OF INDIA [LAWS(SC)-2023-5-86] [REFERRED TO]
BABY VS. DISTRICT COLLECTOR [LAWS(KER)-2021-10-160] [REFERRED TO]
STATE OF KERALA AND OTHERS VS. HOTEL LEELAVENTURE LTD , MUMBAI AND OTHERS [LAWS(KER)-2014-12-182] [REFERRED TO]
BIHAR RAJYA CHAUKIDARI TAHSILDAR SANGH VS. STATE OF BIHAR [LAWS(PAT)-2020-4-5] [REFERRED TO]
RUSSEL JOY VS. UNION OF INDIA [LAWS(SC)-2018-1-53] [REFERRED TO]
STATE OF KARNATAKA VS. KARNATAKA PAWN BROKERS ASSN. [LAWS(SC)-2018-3-22] [REFERRED TO]
NIRMAL UTTHASINI AND ORS. VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-10-57] [REFERRED TO]
NIRMAL UTTHASINI AND ORS. VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-10-57] [REFERRED TO]
NITU AND ORS. VS. THE GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI [LAWS(DLH)-2016-1-1] [REFERRED TO]
NEEL OIL INDUSTRIES PARTNERSHIP FIRM AND ORS. VS. UNION OF INDIA [LAWS(GJH)-2015-6-119] [REFERRED TO]
G. MOHAN RAO VS. STATE OF TAMIL NADU [LAWS(SC)-2021-6-17] [REFERRED TO]
RUSSEL JOY VS. UNION OF INDIA AND ORS. [LAWS(SC)-2018-8-136] [REFERRED TO]
KALPANA MEHTA AND OTHERS VS. UNION OF INDIA AND OTHERS [LAWS(SC)-2018-5-31] [REFERRED TO]
UNION OF INDIA VS. TEXTILE TECHNICAL TRADESMEN ASSOCIATION [LAWS(MAD)-2014-10-26] [REFERRED TO]
SAGI T.M. VS. MAHATMA GANDHI UNIVERSITY AND ORS. [LAWS(KER)-2015-7-1] [REFERRED TO]
SUPREME COURT ADVOCATE-ON-RECORD ASSOCIATION VS. UNION OF INDIA [LAWS(SC)-2015-10-80] [REFERRED TO]
STATE OF MADHYA PRADESH VS. UNION OF INDIA [LAWS(SC)-2014-7-84] [REFERRED TO]
JOGENDRA SINGH VS. STATE OF M P [LAWS(MPH)-2018-3-329] [REFERRED TO]
STATE OF KARNATAKA VS. STATE OF TAMIL NADU [LAWS(SC)-2018-2-100] [REFERRED TO]
MEDICAL COUNCIL OF INDIA VS. STATE OF KERALA & ORS. [LAWS(SC)-2018-9-34] [REFERRED TO]
UNION OF INDIA VS. NARESHKUMAR BADRIKUMAR JAGAD & ORS. [LAWS(SC)-2018-11-68] [REFERRED TO]
GANGAJALI EDUCATION SOCIETY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-3-53] [REFERRED TO]
AMAL CHANDRA DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-5-59] [REFERRED TO]
RAVENDRA SINGH VS. STATE OF U.P. THRU PRIN.SECY.HOME DEPTT.GOVT.OF UP & ORS. [LAWS(ALL)-2017-1-169] [REFERRED TO]
S T SADIQ VS. STATE OF KERALA [LAWS(SC)-2015-2-12] [REFERRED TO]
ADV THOUFEEK AHAMED VISHNU VIHAR VS. UNION OF INDIA [LAWS(KER)-2020-9-537] [REFERRED TO]
UNION OF INDIA VS. STATE OF MAHARASHTRA [LAWS(SC)-2019-10-2] [REFERRED TO]
DR. JOE JOSEPH VS. STATE OF TAMIL NADU [LAWS(SC)-2022-4-22] [REFERRED TO]
ANOOP BARANWAL VS. UNION OF INDIA [LAWS(SC)-2023-3-130] [REFERRED TO]
CHARANJIT SINGH AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-3-315] [REFERRED TO]
S. MUHAMMED ISMAIL VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-3-286] [REFERRED TO]
KAILASH CHANDRA SHARMA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2015-11-51] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. YOGENDERA MOHAN SENGUPTA [LAWS(SC)-2024-1-28] [REFERRED TO]
P.SATHISH VS. STATE [LAWS(MAD)-2023-3-37] [REFERRED TO]
IN RE: THE PUNJAB TERMINATION OF AGREEMENT ACT, 2004 VS. STATE [LAWS(SC)-2016-11-10] [REFERRED TO]
RUSSEL JOY VS. UNION OF INDIA CHIEF SECRETARY [LAWS(SC)-2018-8-137] [REFERRED TO]
SECRETARY TO GOVT. OF KERALA, IRRIGATION DEPARTMENT VS. JAMES VARGHESE [LAWS(SC)-2022-5-10] [REFERRED TO]
UNION OF INDIA VS. ASIM SHARIFF [LAWS(KAR)-2018-3-47] [REFERRED TO]


JUDGEMENT

- (1.)This Court remains seized of the problem with regard to the water level of Mullaperiyar dam after it had solved on 27.02.2006 (Mullaperiyar Environmental Protection Forum, Mullaperiyar Environmental Protection Forum v. Union of India & Ors., 2006 3 SCC 643) because the Kerala State Legislature enacted the law immediately thereafter fixing and limiting Full Reservoir Level (FRL) to 136 ft.Mullaperiyar dam : 1886 Lease Agreement
(2.)Mullaperiyar dam a masonry dam was constructed pursuant to the Periyar Lake Lease Agreement dated 29.10.1886 ("1886 Lease Agreement") across Periyar river. The construction continued for about eight years and was completed in 1895. The dam is situated at Thekkady District in Kerala and is owned and operated by the Government of Tamil Nadu. By the 1886 Lease Agreement between the Maharaja of Travancore and the Secretary of State for India in Council, the leased area as set out therein was granted on lease for 999 years from 01.01.1886. The length of the main dam is 1200 ft. (365.76 m.) and top of the dam is 155 ft. (47.24 m.). The top of solid parapet and maximum height of the dam from deepest foundation are 158 ft. (48.16 m.) and 176 ft. (53.64 m.), respectively. The FRL of the dam is 152 ft. (46.33 m.). The original spillway capacity of the dam was 10 vents of 36' x 16' (10.97 m. x 4.88 m.). The length of the Baby dam is 240 ft. (73.15 m.). 1979-1980 : Controversy about safety of the Dam
(3.)In 1979 with regard to the safety of the Mullaperiyar dam, the Government of Kerala wrote to the Tamil Nadu Government to take immediate steps to strengthen the dam. Simultaneously, the Kerala Government also requested the Central Government to depute a team from Central Water Commission (CWC) to inspect the dam and suggest strengthening measures.


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