KOCHI: For more than two decades Kerala has been fighting the Mullaperiyar case without any result. Despite highlighting the agony of the thousands of people living in the downstream areas of the 126-year-old gravity dam, the state could not convince the court about the concerns over its strength.
But Dr Joe Joseph, a private litigant who approached the court in September 2020, has been able to get a favourable verdict from the apex court. As the Supreme Court handed over the control and management of Mullaperiyar Dam to a supervisory committee and ordered a fresh safety review of the dam, accolades poured in for Joe.
“We cannot term it as apathy of state government. But we should learn from the commitment of Tamil Nadu officers. They have conducted extensive research and are focused on the course of the case. Water from Mullaperiyar is the lifeline for five southern districts of Tamil Nadu. Senior advocate Shekhar Naphade is the third-generation lawyer fighting the case for Tamil Nadu, and they have dedicated officers to support him. Kerala shifts officers and advocates frequently, and they lack deep knowledge about the case,” said Joe.
As son-in-law of Kerala Congress (J) leader P J Joseph, Joe, a native of Kothamangalam, has been involved in the protests demanding decommissioning of the Mullaperiyar dam since 2010. “I was moved by the plight of people living in the immediate downstream areas of Mullaperiyar and studied the case in depth. I went to IIT Roorkee and interacted with the professors who conducted a dam break analysis of Mullaperiyar. Dam safety expert James Wilson also helped me understand the issues involved. This prompted me to approach the court independently,” he said.
Kerala had lost hope in the Mullaperiyar case after a constitution bench of the Supreme Court dismissed the state’s arguments and allowed Tamil Nadu raise the water level to 142 feet. However, the 2018 floods, during which huge outflow from Mullaperiyar dam devastated downstream areas triggered fresh fears and reminded that the dam is a ticking time bomb.
“The dam has a huge catchment area and the storage is very low. One day of heavy rain can lead to overtopping of the dam and the result will be disastrous. This prompted me to approach the court seeking direction to Tamil Nadu to fix the rule curve and gate operation schedule of the dam and share accurate data. Another demand was to complete instrumentation and install seismographs and accelerographs at the dam site,” said Joe.
As the dam was under the control of Tamil Nadu, Kerala had no access to the dam despite being the lower riparian state. The lack of accurate data regarding rainfall, inflow, storage level and water release denied opportunity to ensure disaster management preparedness during floods. The flood situation in 2021 had convinced the court about the situation.
“Looking back, I am satisfied with the outcome of the case. Now it is for the state to pursue the case. Fighting a case in the Supreme Court is not an easy job. Besides the huge expense, we have to ensure that the advocates present the case convincingly. My job is over, but it is not the end of the road. If situation demands, I will again intervene in the case,” he said.
Son of former IAS officer M Joseph, who retired as Irrigation secretary in 1994, Joe completed his MBBS studies at Thiruvananthapuram Medical College and pursued post graduation in general medicine at Government Medical College, Patiala. He served as associate professor at Ernakulam Medical College at the peak of Covid spread. However, he resigned from the job in January 2021.
“I was depressed by the sufferings of Covid patients and a few deaths shattered me. Then I decided to quit. I fought the 2021 Assembly elections from Kothamangalam as Twenty20 candidate and got around 8,000 votes,” he said.
Joe plans to join the fight of farmers living in forest fringe areas who are victims of increasing man animal conflict. His wife Yamuna is a scientist in biotechnology and runs a start up. His daughters Neha and Neeta are pursuing undergraduate studies at St Teresa’s College, Kochi.