AN APPLICATION FOR INTERVENTION UNDER ORDER XLVII READ WITH ORDER VI RULE 2 (3) OF SUPREME COURT RULES,1966.
Dravida Munnetra Kazhagam, a recognized political party represented by its General Secretary, Prof.K.Anbazhagan,
Anna Arivalayam,
No.367-369, Anna Salai,
Chennai 600 018 …. INTERVENER
To,
The Hon'ble Chief Justice of India and His Companion Justices of the
Hon'ble Supreme Court of India.
1
The Humble Application of the
Intervener above named:
MOST RESPECTFULLY SHOWETH
1. That the applicant herein is the Intervener filing the present application seeking indulgence of this Hon’ble Court for permitting to intervene in the above Application No.19 of 2011 in Original Suit No.3 of 2006 filed by the State of Kerala for urgent direction to lower the storage level at Mullai Periyar Dam from 136 ft. to 120 ft
2. The Intervener the DMK party is a recognized political party which was a ruling party in the State of Tamil Nadu from May 2006 to May 2011 which diligently pursued the above Original Suit. In this application the party is represented by its General Secretary. The Applicant is not only a proper party but also a necessary party for the effective adjudication of the issues involved in the Application filed by the State of Kerala. It is deeply interested in the welfare and wellbeing of nearly 80 million people of the state of Tamil Nadu.
3. That it is submitted that this Hon’ble Court vide Judgment dated 27.02.2006 disposed of the Writ Petition No.386 of 2001 with Transferred Cases (C ) Nos.56-59 and 96-99 of 2002 by permitting the storage level of Mullai Periyar Dam to be raised to 142 feet and eventually to 152 feet. Therefore, as per the Judgment of this Hon’ble Court dated 27.02.2006, the height of the Mullaiperiyar Dam had to be raised to 142 feet. This Judgment has become final and binding on the State of Kerala and Tamil Nadu.
4. In the meantime, the Government of Kerala, in order to circumvent the implementation of the judgment of this Hon’ble Court, passed the Kerala Amendment Act 4 of 2006. Consequently an, Original Suit being O.S.No.3 of 2006 was filed by the State of Tamil Nadu against the State of Kerala before this Hon’ble Court. The relief sought for in the suit was a declaration that the Amendment Act 4 of 2006 passed by the Kerala State Legislature be declared ultra vires in its application to the Mullai Periyar Dam covered by the Inter State Agreement of 1886 and for permitting the state of Tamil Nadu to raise the storage level of the Dam in accordance with the judgment of this Hon’ble Court dated 27.02.2006 delivered in Writ Petition No.386 of 2001 with Transferred Cases (C ) Nos.56-59 and 96-99 of 2002. It is submitted that the above Original Suit was filed under Article 131 of Constitution of India. The said suit is still pending.
5. In one of the interlocutory applications filed in the said Original Suit, this Hon’ble Court constituted an Empowered Committee under the chairmanship of the former Chief Justice of India Hon’ble Justice Dr.A.S.Anand with Mr Justice K.A.Thomas and Mr Justice A.R.Lakshmanan, former Judges of the Hon’ble Supreme Court as representatives of the Government of Kerala and Tamil Nadu respectively, apart from two other members. The Empowered Committee constituted by this Hon’ble Court visited the Dam sites, discussed with various officials and collected inputs from various sources in order to submit its report to this Hon’ble Court by February 2012.
6. That it is submitted that the Government of Kerala had systematically and deliberately created fear psychosis and unfounded fears in the minds of people of Kerala regarding the safety of the Mullaiperiyar Dam leading to law and order problem. The normal life in the border Districts of Tamil Nadu and Kerala had been seriously affected and greatly suffered by breach of public tranquility, wide spread agitation and disruption of transport.
7. It is submitted that the failure of the Government of Kerala in not allaying the apprehension of the people of Kerala further aggravated the problem. On the other hand the Kerala State Legislature has passed a resolution on 09.12.2011 seeking appropriate action to reduce height of the water level in the Mullaiperiyar Dam from existing 136 feet to 120 feet after filing the present application. In the light of the Judgment of this Hon’ble Court permitting the raising of storage level of the Mullaiperiyar Dam from the existing 136 to 142 feet, the resolution of the Kerala State Legislature is inappropriate apart from offending the Rule of Law and Doctrine of Separation of Powers. The application filed the State of Kerala seeking direction from this Hon’ble Court for the reduction of storage level from 136 feet to 120 feet is without any justification whatsoever. It is pertinent to point that the Kerala Legislative Assembly on an earlier passed a legislation, being Kerala Amendment Act 2006 to maintain the storage level of the Dam at 136 feet. Now the Kerala Legislative Assembly wants the reduction of storage level to 120 ft. This Hon’ble Court may be pleased to take note of this dichotomy and the ambivalent stand taken by the State of Kerala.
8. It is submitted that the storage level of Mullaiperiyar Dam needs to be raised from the existing 136 feet to 142 feet and the order of this Hon’ble Court dated 27.02.2006 requires be implemented immediately pending the disposal of the Original Suit No.3 of 2006, so as to restore the rule of law normalcy in both of States. In this connection, it is submitted that the Judgment dated 27.02.2006 was delivered by this Hon’ble Court after appropriate consideration the relevant report of the committee of experts. The present Empowered Committee constituted by this Hon’ble Court is likely to submit its report by February 2012. While so, there is absolutely no rhyme or reason nor any legal justification for the State of Kerala to seek a direction to reduce the height of the storage level of the Mullaiperiyar Dam from 136 feet to 120 feet. The apprehension regarding the safety of the Dam is unsupported by any expert report or other acceptable materials.
9. That it is submitted that Applicant/Intervener is a major political party which was ruling party of state of Tamil Nadu for five terms headed by a senior statesman and an octogenarian who had been pursuing the issues concerning the people of Tamil Nadu for several decades. The applicant is not only a proper party and also a necessary party for the effective adjudication of the issues involved in the Application No.19 of 2011 filed by the State of Kerala. Further, the Intervener is filing the present application with a view to bring the facts to the knowledge of this Hon’ble Court so that appropriate orders could be passed by this Hon’ble Court to render justice. It is in the interest of justice that the Intervener is allowed to intervene in the Application No.19 of 2011 in Original Suit No.3 of 2006 filed by the State of Kerala.
PRAYER
It is therefore, most respectfully prayed that this Hon’ble court may be pleased to :
(i) permit the Applicant/Intervenor to intervene in the Application No.19 of 2011 in Original Suit No.3 of 2006 filed by the State of Kerala ; and
(ii) dismiss the said Application No.19 of 2011 in Original Suit No.3 of 2006 filed by State of Kerala ;and
(iii) Pass any further order or orders as this Hon’ble Court may deem just and proper in the facts and circumstances of the present case.
1. That the applicant herein is the Intervener filing the present application seeking indulgence of this Hon’ble Court for permitting to intervene in the above Application No.19 of 2011 in Original Suit No.3 of 2006 filed by the State of Kerala for urgent direction to lower the storage level at Mullai Periyar Dam from 136 ft. to 120 ft
2. The Intervener the DMK party is a recognized political party which was a ruling party in the State of Tamil Nadu from May 2006 to May 2011 which diligently pursued the above Original Suit. In this application the party is represented by its General Secretary. The Applicant is not only a proper party but also a necessary party for the effective adjudication of the issues involved in the Application filed by the State of Kerala. It is deeply interested in the welfare and wellbeing of nearly 80 million people of the state of Tamil Nadu.
3. That it is submitted that this Hon’ble Court vide Judgment dated 27.02.2006 disposed of the Writ Petition No.386 of 2001 with Transferred Cases (C ) Nos.56-59 and 96-99 of 2002 by permitting the storage level of Mullai Periyar Dam to be raised to 142 feet and eventually to 152 feet. Therefore, as per the Judgment of this Hon’ble Court dated 27.02.2006, the height of the Mullaiperiyar Dam had to be raised to 142 feet. This Judgment has become final and binding on the State of Kerala and Tamil Nadu.
4. In the meantime, the Government of Kerala, in order to circumvent the implementation of the judgment of this Hon’ble Court, passed the Kerala Amendment Act 4 of 2006. Consequently an, Original Suit being O.S.No.3 of 2006 was filed by the State of Tamil Nadu against the State of Kerala before this Hon’ble Court. The relief sought for in the suit was a declaration that the Amendment Act 4 of 2006 passed by the Kerala State Legislature be declared ultra vires in its application to the Mullai Periyar Dam covered by the Inter State Agreement of 1886 and for permitting the state of Tamil Nadu to raise the storage level of the Dam in accordance with the judgment of this Hon’ble Court dated 27.02.2006 delivered in Writ Petition No.386 of 2001 with Transferred Cases (C ) Nos.56-59 and 96-99 of 2002. It is submitted that the above Original Suit was filed under Article 131 of Constitution of India. The said suit is still pending.
5. In one of the interlocutory applications filed in the said Original Suit, this Hon’ble Court constituted an Empowered Committee under the chairmanship of the former Chief Justice of India Hon’ble Justice Dr.A.S.Anand with Mr Justice K.A.Thomas and Mr Justice A.R.Lakshmanan, former Judges of the Hon’ble Supreme Court as representatives of the Government of Kerala and Tamil Nadu respectively, apart from two other members. The Empowered Committee constituted by this Hon’ble Court visited the Dam sites, discussed with various officials and collected inputs from various sources in order to submit its report to this Hon’ble Court by February 2012.
6. That it is submitted that the Government of Kerala had systematically and deliberately created fear psychosis and unfounded fears in the minds of people of Kerala regarding the safety of the Mullaiperiyar Dam leading to law and order problem. The normal life in the border Districts of Tamil Nadu and Kerala had been seriously affected and greatly suffered by breach of public tranquility, wide spread agitation and disruption of transport.
7. It is submitted that the failure of the Government of Kerala in not allaying the apprehension of the people of Kerala further aggravated the problem. On the other hand the Kerala State Legislature has passed a resolution on 09.12.2011 seeking appropriate action to reduce height of the water level in the Mullaiperiyar Dam from existing 136 feet to 120 feet after filing the present application. In the light of the Judgment of this Hon’ble Court permitting the raising of storage level of the Mullaiperiyar Dam from the existing 136 to 142 feet, the resolution of the Kerala State Legislature is inappropriate apart from offending the Rule of Law and Doctrine of Separation of Powers. The application filed the State of Kerala seeking direction from this Hon’ble Court for the reduction of storage level from 136 feet to 120 feet is without any justification whatsoever. It is pertinent to point that the Kerala Legislative Assembly on an earlier passed a legislation, being Kerala Amendment Act 2006 to maintain the storage level of the Dam at 136 feet. Now the Kerala Legislative Assembly wants the reduction of storage level to 120 ft. This Hon’ble Court may be pleased to take note of this dichotomy and the ambivalent stand taken by the State of Kerala.
8. It is submitted that the storage level of Mullaiperiyar Dam needs to be raised from the existing 136 feet to 142 feet and the order of this Hon’ble Court dated 27.02.2006 requires be implemented immediately pending the disposal of the Original Suit No.3 of 2006, so as to restore the rule of law normalcy in both of States. In this connection, it is submitted that the Judgment dated 27.02.2006 was delivered by this Hon’ble Court after appropriate consideration the relevant report of the committee of experts. The present Empowered Committee constituted by this Hon’ble Court is likely to submit its report by February 2012. While so, there is absolutely no rhyme or reason nor any legal justification for the State of Kerala to seek a direction to reduce the height of the storage level of the Mullaiperiyar Dam from 136 feet to 120 feet. The apprehension regarding the safety of the Dam is unsupported by any expert report or other acceptable materials.
9. That it is submitted that Applicant/Intervener is a major political party which was ruling party of state of Tamil Nadu for five terms headed by a senior statesman and an octogenarian who had been pursuing the issues concerning the people of Tamil Nadu for several decades. The applicant is not only a proper party and also a necessary party for the effective adjudication of the issues involved in the Application No.19 of 2011 filed by the State of Kerala. Further, the Intervener is filing the present application with a view to bring the facts to the knowledge of this Hon’ble Court so that appropriate orders could be passed by this Hon’ble Court to render justice. It is in the interest of justice that the Intervener is allowed to intervene in the Application No.19 of 2011 in Original Suit No.3 of 2006 filed by the State of Kerala.
PRAYER
It is therefore, most respectfully prayed that this Hon’ble court may be pleased to :
(i) permit the Applicant/Intervenor to intervene in the Application No.19 of 2011 in Original Suit No.3 of 2006 filed by the State of Kerala ; and
(ii) dismiss the said Application No.19 of 2011 in Original Suit No.3 of 2006 filed by State of Kerala ;and
(iii) Pass any further order or orders as this Hon’ble Court may deem just and proper in the facts and circumstances of the present case.
AND FOR THIS ACT OF KINDNESS THE INTERVENOR AS IN DUTY BOUND SHALL EVER PRAY.
FILED ON: DRAWN AND FILED BY NEW DELHI
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