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ISSUES FRAMED BY SUPREME COURT
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DECISIONS OF SUPREME
COURT
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1.
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Whether the case against Kerala is
maintainable under Constitution of India
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Yes, maintainable. The suit filed
by the State of Tamil Nadu is maintainable under Article 131 of the
Constitution.
Decision in Favor of Tamil Nadu
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2.
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Whether the case based on a legal
right claimed under the lease deed executed between the Government of the
Maharaja of Travancore and the Secretary of State for India on 29.10.1886, is
barred by Constitution of India?
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The suit based on a legal right
claimed under the lease deed executed between the Government of the Maharaja
of Travancore and the Secretary of State for India in Council on 29.10.1886
is not barred by the proviso to Article 131 of the Constitution
Decision in Favor of Tamil Nadu
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3.
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Whether the Kerala is barred from
raising the argument that the deed dated 29.10.1886 has lapsed, in view of
subsequent conduct of the Kerala and
execution of the supplemental agreements
dated 29.05.1970 accepting the various provisions of the original Deed dated 29.10.1886
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The State of Kerala is barred from
raising the argument that the lease deed dated 29.10.1886 has lapsed, in view
of the supplemental agreements dated 28.05.1970.
Decision
in Favor of Tamil Nadu
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4.
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Whether the lease deed executed
between the Government of the Maharaja of Travancore and Secretary of State
for India on 29.10.1886 is valid,
binding on Kerala.
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The lease deed executed between
the Government of the Maharaja of Travancore
and Secretary of State for India in Council on 29.10.1886 is valid and binding on Kerala and it is enforceable
by Tamil Nadu against Kerala.
Decision in Favor of Tamil Nadu
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5.
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Whether the Kerala Irrigation and
Water Conservation (Amendment) Act 2006 is
unconstitutional and ultra vires,
in its application to and effect on the Mullai Periyar Dam?
(Dam Safety Authority)
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Kerala Irrigation and Water
Conservation (Amendment) Act, 2006 is unconstitutional
and ultra vires in its application to and effect on the Mullaperiyar dam.
Decision
in Favor of Tamil Nadu
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6.
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Whether the rights of the Tamil
Nad, that the height of dam can be upto 152 feet and so which is obtained in
the Judgment dated 27.02.2006 passed by Supreme Court in 2006 can be nullified
by a legislation made by the Kerala State Legislature?
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The rights of Tamil Nadu, got in
the judgment dated 27.2.2006 passed by this Court cannot be nullified by a legislation
made by the Kerala State legislature
Decision in Favor of Tamil Nadu
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7.
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Whether the judgment dated
27.2.2006 of this Court in WP(C) No. 386/2001 operated as res judicata, in respect of all or any of
the defences set up by the first
defendant in its written statement?
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The earlier judgment of this Court
given on 27.2.2006 operates as res judicata on the issue of the safety of
Mullaperiyar dam for raising water level to 142 ft. and ultimately to 152 ft.
after completion of further strengthening measures on the Mullaperiyar dam
Decision in Favor of Tamil Nadu
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8.
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Whether the pleas relating to validity and binding nature of
the deed dated 29.10.1886, the nature
of Periyar River, structural safety of Mullai Periyar Dam etc. raised by
Kerala in its defence, are finally decided by the judgment of this Court
dated 27.2.2006 in WP(C) No.386/2001 and consequently Kerala is barred from raising
or reagitating those issues and pleas in this suit, by the principle of res
judicata and
constructive res judicata
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The plea raised by Kerala relating
to the lease deed dated 29.10.1886 and structural safety of Mullaperiyar dam
have been finally decided by the
judgment of this Court dated 27.2.2006 and Kerala is barred from
raising or re-agitating these
issues in the present suit.
Decision in Favor of Tamil Nadu
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9.
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Whether the Kerala can obstruct
the Tamil Nadu from increasing the water level of Mullai Periyar Dam to 142
ft. and from carrying out repair works
as per the judgment dated 27.2.2006 of this Court in WP(C) No. 386/2001.
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Kerala cannot obstruct Tamil Nadu
from increasing the water level of Mullaperiyar dam to 142 ft. and from
carrying out repair works as per judgment dated 27.2.2006.
Decision in Favor of Tamil Nadu
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10.
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Whether the Kerala is barred from
contending that Periyar River is not an inter-State river
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it is held that Kerala cannot be
permitted to contend that river
Periyar is an intra-State river. Kerala’s witness M.K. Parameswaran Nair has
admitted that in
Chapter LXIII under the heading
“Interstate waters” from “Water Resources of Kerala” published by Public Works
Department, Government of Kerala in 1958,
Periyar has been mentioned as an inter-State river. This witness also admits that Water Atlas of Kerala wherein
details of Periyar basin are given shows
that part of the basin falls in the neighbouring State of Tamil Nadu
Decision in Favor of Tamil Nadu
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11.
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Whether the offer of Kerala, to
construct a new dam across River
Periyar in the downstream region of Mullai Periyar Dam would meet the ends of
justice and requirements of Tamil Nadu.
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In this view of the matter for the
construction of new dam, there has to be agreement of both the parties.
The offer made by Kerala cannot be thrusted upon Tamil Nadu, therefore, has
to be decided against
Kerala and it is so held
Decision in Favor of Tamil Nadu
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