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The State of Tamil Nadu has filed an affidavit saying that Kerala is obstructing it from carrying out the strengthening measures / maintenance works in the Mulla Periyar dam accordance with court's order dated 27th February 2006 and 7th May 2014. The affidavit has been filed in a plea highlighting the “inaction” of Supervisory committee appointed by the court to take care of material and safety aspects of Mulla Periyar Dam.

The State has filed this affidavit in its reply to the status report filed by Central Water Commission (CWC) and Supervisory Committee according to which fresh review of the safety of the Mulla Periyar Dam is now due and is required to be undertaken.

The State of TN has submitted that the Mullai Periyar Dam is behaving well in all respects and that the seepage rate of the dam, which is being observed on daily basis, is found to be well within the permissible limits. According to the affidavit there is neither deformation nor abnormality in the Dam and hence there is no pressing need for fresh it is not justifiable to have a fresh review before carrying out the strengthening measures.

TN has further stated that Kerala has been successfully thwarting it from carrying out the remaining strengthening works in compliance with the  directions of the Supreme Court. According to the affidavit the Supervisory Committee has also failed to ensure compliance of its directions inspite of recording in various Minutes of the Meetings of the Committee.

The affidavit further seeks the court to direct State of Kerala to cooperate, and provide all necessary assistance in a time bound manner so that the remaining strengthening and maintenance works during the next four months commencing March 2022 to June 2022 before the ensuing South West monsoon.

The affidavit also seeks the court to direct direct the CWC / Supervisory Committee to carry out review on the safety of the Dam only after completing the balance strengthening works and maintenance works.

On the last date of hearing the Supreme Court had informed the parties 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."

Case title: Dr.Joe Joseph Vs State of Tamil Nadu