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The Kerala State Government in its reply in the Mullaperiyar dam safety issue has sought a fresh review of Mullaperiyar dam by an Independent panel of experts comprising qualified Engineers and experts in the respective fields including design, geology, hydrology, hydro- Mechanical dam safety, construction and supervision, instrumentation, seismicity, adding that it should be conducted.

The Government of Kerala in its affidavit filed through Advocate G Prakash submitted that The alleged delay in issuing necessary clearances to various works proposed by Tamil Nadu is in fact due to the delay from the part of Tamil Nadu in submitting the details in proper format or delay in submission of required details. 

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 submitted that "The question of granting statutory clearances for the above activities under the Wild Life (Protection) Act, Forest Conservation Act and notification under Environmental (Protection) Act does not come under the purview of the Supervisory Committee."

In addition to this, the affidavit has further said that the Mullaperiyar dam and the catchment area received two major floods after the pronouncement of the judgment (2014) and the catchment received erratic heavy rainfall in recent years.

"Also, many tremors/earthquakes have been reported near the dam site during the last years. All the above phenomena have caused impact on the safety of the structure," the affidavit added.

It has further sought direction: 

- Comprehensive Dam safety Review Procedures should be carried out in accordance with the Guidelines for Safety Inspection of Dams, January 2018.

- The terms of reference of the study and l details of the agencies for conducting the tests should be shared to the party States and approved by the Supervisory Committee.

-All tests and investigations should be conducted to check the hydrological, seismic and structural safety of the dam. The Committee should ensure that the study should be conducted with the participation of the officers of Kerala. 

-The test study reports and their findings should be shared. with Kerala and finalized by the Supervisory Committee. It should be ensured that the study should be completed within a time-frame.

Earlier, The state of Kerala in its written submission submitted before the Supreme Court 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.

Case Title: Dr Joe Joseph & Ors. V. State of Tamil Nadu & Ors.