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The state of Kerala in its written submission submitted before the Supreme Court has stated that the state of Kerala is only concerned with protecting and keeping safe the life and properties of the people in downstream reaches of the river basin of the river Periyar as it flows down the Western Ghats and meets the sea north of Cochin.

The Government of Kerala in its written note filed through Sr. Adv. Jaideep Gupta in compliance of the direction of the Court said that the only permanent solution for removing the eternal threat of damage to the dam is to build a new dam in the downstream reaches of the existing Mullaperiyar dam.

The submissions have been made in a writ petition highlighting the inaction of the Supervisory Committee appointed by the Supreme Court for taking care of material and safety aspects of Mullaperiyar Dam and urging the proper monitoring of the dam. 

It has further stated that in 1979, a team of engineers from both States headed by the then Chairman of the Central Water Commission had made specific recommendations for constructing a new dam as a permanent solution to the safety problem of the existing dam.

It has further stated that "It is now accepted that world over the climatic conditions are changing. In 2021, the State of Uttarakhand faced a dam disaster known as Chamoli disaster at the Tapovan dam site. In these times of environmental change, no amount of rejuvenation can perpetuate a 126 year old deteriorated dam that now exist at Mullaperiyar. Merely carrying out strengthening measure would not be sufficient."

"The State of Kerala has witnessed excessive and erratic rain fall and disastrous floods during the monsoon season of four consecutive years from 2018-2021 particularly in the Idukki District where the Mullaperiyar dam is situated," the note added.

It submits that the Supervisory Committee shall conduct immediately and at regular intervals a safety evaluation of the dam by independent experts, recommended as per the Guidelines for Safety Inspection of Dams prescribed by the Central Water Commission, which mandatorily prescribes comprehensive safety evaluation of large dams once in every 10 years. The safety evaluation of the Mullaperiyar dam was last conducted in the year 2010-11.

In addition to this, the note further added that "Considering the age of the dam and the safety of lakhs of people living downstream it is submitted that the evaluation of the safety of the dam may be done immediately by international panel of experts having expertise in dam management, geology, seismicity, hydrology and experts having expertise in decommissioning of dam."

Earlier, the Supreme Court had orally remarked that "This is not adversarial litigation. Safety, security, and health issues are involved.We are not here to administer the dam, we have to decide the legal issues."

The Mullaperiyar Dam has been a contentious issue between Kerala and Tamil Nadu. The Dam is situated in Kerala's Periyar River and which supplies water to five districts of Tamil Nadu. Kerala has been maintaining for the past few decades that the Dam is unsafe, Tamil Nadu has all along vouched for its safety.

Cause Title: Dr. Joe Joseph & Ors vs State of Kerala