Kerala Legislative Assembly on 9 June 2014 passed a resolution that requests the Union Government to play a role of mediatory between Kerala and Tamil Nadu on Mullaperiyar dam issue.
The State in its resolution also requested a Presidential reference to the Supreme Court in light of safety of about 4 million people residing in the downstream of the dam. The Presidential intervention was sought in reference to Article 143 of the Constitution of India. Article 143 of the Constitution lays down Power to President to consult the Supreme Court.
The resolution mentioned that the central intervention is required to help the two states to reach a consensus on building a new dam by finding a place for the dam which is mutually agreeable to both Kerala and Tamil Nadu. It also mentioned that as per the proposal of 1979 by Central Water Commission, the two states had also identified the spot for construction of the dam.
The resolution also stated that as per the direction of Supreme Court if the dam level is increased to 142 feet from 136 feet than it will have an impact on bio diversity of the area and animals, as roughly 20000 hectares of forest will be fully submerged.
The resolution was moved in the assembly by Oommen Chandy, the Chief Minister of Kerala at the end of a three-hour discussion on the situation arising out of the Supreme Court verdict on the Mullaperiyar issue.
Article 143 of the Constitution of India: Power of President to consult Supreme Court
1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.
2) The President may, notwithstanding anything in the provision of Article 131, refer a dispute of the kind mentioned in the [said proviso] to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.
Where: Mullaperiyar dam
When: 9 June 2014