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THANK YOU NOTE TO FORMER CHIEF JUSTICE OF INDIA DR A S ANAND


To: The Hon’ble Dr. Justice A.S. Anand, Former Chief Justice of India & Empowered Committee Chairman

From: Athinarayanan Sanjeevraja

Date: Wednesday, July 25, 2012

RE: Thank you and the members of Empowered Committee and the five judge constitution Bench of Supreme Court Judges. 

My lord, please accept my heartfelt thank you and the members of Empowered Committee and the five judge constitution bench of Supreme Court Judges on behalf of myself and all of the people in Tamilnadu for saving lakhs of farmers in the southern districts of Tamilnadu and the fine report you made. I wish you continued success in what you are doing my lord. The completion of the remaining judgement on Mullaperiyar will require Dharma. Every judgement should apply Dharma. Dharma should not be destroyed in any of our judgement.

My lord, As you knew that “according to lease agreement indenture granted full right, power and liberty to the Tamilnadu to construct make and carry out on the leased land and to use exclusively when constructed, made and carried out, all such irrigation works and other works ancillary thereto to.” Thus the water and the land would belong to Tamilnadu for 999 years, and as long as the agreement period. If Kerala wants to decommission the present dam only to go out of the agreement in order to obliterate the rights of Tamilnadu accrued under the 1886 and 1970 agreements. If the present Mullaperiyar dam is decommissioned it is tantamount to losing all rights of Tamilnadu over the waters, unless and until another dam is constructed on the same site. My lord, it is true that the Government of Kerala wants to quash the rights and obligations created under the two agreements in favour of Tamilnadu. If the real concern of the Kerala government, they should only make a request to Tamilnadu to strengthen the dam. Supreme Court on Monday permitted Tamilnadu to carry out repair and maintenance works on the Mullaperiyar dam. It was a great judgement by Supreme Court.  

As I have said so earlier my lord, the proposal of the Kerala government is to construct a new dam at a level 1300 feet below the present level. It would be impossible to divert water eastward to Tamilnadu from that level. But it would be very much possible to divert water to Idukki dam. That is the master plan of Kerala government. My lord, it is true that the intention behind the new dam is not Kerala people safety. Kerala government wants to take over control of the dam indirectly by building new dam. Kerala says that they will give enough water to Tamilnadu but they are not ready to talk about control of the dam and lease agreement. Earlier, Tamilnadu government did a mistake by allowing Karnataka government to built the Kabini dam in Cauvery. Karanataka government gave assurance of water but you know the present status my lord. Yes, we do not want to repeat the same mistake again my lord.

My lord, the research planning and the sacrifices made by the Madras Chief Engineers before deciding to construct the dam, cannot be ignored or lightly taken by any one. The dam was intended to last for 1000 years and more. As you know that Kallani was built 1800 years ago across Cauvery but still it is very strong. My lord, one should not forget the fact that even if the present dam is decommissioned or destroyed, Tamilnadu government has the right to build another dam at the same site and draw the waters.    
My lord, it is most humbly prayed that on the directions of the Hon’ble Supreme Court and Empowered Committee not to allow construct a new dam by Kerala government. If Kerala government built a new dam, lakhs of farmers in Southern States of Tamilnadu will be affected. It would be nightmare for Tamilnadu farmers. If new dam built by Government of Tamilnadu, it would be beneficial for both states. Kerala wants safety of the people and Tamilnadu wants water for farmers. My lord, I am confident that you can resolve this issue reasonable satisfaction of both sides in the forthcoming judgement.    

Once again, I thank you, the members of empowered committee and five judge constitution bench of Supreme Court judges for delivered great judgment on Mullaperiyar dam on behalf of myself and all the people in Tamilnadu

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