Kerala Seeks Review of SC’s May 7 Order

Advocate Mohan Katarki confirmed to Express that the petition has been filed. It is now up to the Judges as to whether to hear the petition in the open court or pass orders in chamber.

Published: 01st July 2014 10:10 AM  |   Last Updated: 01st July 2014 10:10 AM   |  A+A-

NEW DELHI: Kerala Government on Monday filed a review petition before the Supreme Court seeking review of the May 7 verdict that had declared Kerala’s Dam Safety Act as unconstitutional and allowed Tamil Nadu to raise the storage level of the Mullaperiyar dam.

Advocate Mohan Katarki confirmed to Express that the petition has been filed. It is now up to the Judges as to whether to hear the petition in the open court or pass orders in chamber.

In the review petition, Kerala government stated, “it is respectfully submitted that said section 177 did not apply because neither the Federation of India was established as contemplated under section 5 nor the Indian State (Princely State) of Travancore executed any accession under the provisions of section 6 of the Act of 1935. The Federation was not established under Section 5 which is sine qua non for devolution under Section 177.”

“The error is due erroneous assumption of the fact that Federation of India was established and consequently, contracts of secretary of State devolved on Madras province under section 177,” the petition read.

During arguments in the case, Tamil Nadu had told the SCthat it was TN’s legitimate right to claim water from the Mullaperiyar dam.

While considering the case, the five-judge Constitution Bench of the SC had asked how TN stepped into the shoes of the lessee in the issue, as the 1886 agreement was signed between Travancore state and the Government of India. Kerala wanted the structure to be demolished, while neighbouring Tamil Nadu had opposed the move. Kerala advocated to banish prevailing fears of an impending disaster in the event of the dam’s collapse.

However, the Tamil Nadu state government had been opposing the move of decommissioning the dam saying its walls had already been fortified and hence it did not pose any threat.

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