"This is a suit in which a decree has been passed in 2014 in your favour by this court. Now we are 'functious officio' (the agency whose mandate has expired). We can only review ... There cannot be a perennial 'amrit dhara' (unending) kind of litigation," a bench headed by Chief Justice T S Thakur said.
"Once the decree is passed, you cannot file interim applications in it. You seek execution of the decree and you may seek review of the verdict if you want any modification," the bench, also comprising R Banumathi and U U Lalit, said.
At the outset, the bench made clear to Tamil Nadu that it can seek modification of the order in such a "fashion by filing IAs (interim applications)" in a decided and decreed suit.
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Tamil Nadu government, in its plea, had sought a direction that the dam be secured by Central Industrial Security Force (CISF), as Kerala does not facilitate the management of the dam by Tamil Nadu employees.
Tamil Nadu had in February last year moved the apex court seeking CISF security for the dam, which is currently handled by the Kerala government.
In its May 7, 2014 verdict, the Supreme Court had held that the 120-year-old Mullaperiyar dam is safe and allowed the Tamil Nadu government to raise the water level to 142 feet and ultimately to 152 feet after completion of strengthening measures on the dam.
on its verdict and contended that the water storage should not be increased to 142 feet until all the 13 spillover gates of the dam were operational.
It later withdrew its application and decided to go before the three-member Mullaperiyar committee.
The apex court had earlier too dismissed Kerala's plea to review its 2014 verdict, saying there was no reason to interfere with the judgement of the Constitution Bench.
Mullaperiyar dam is a masonry dam and was constructed pursuant to the Periyar Lake Lease Agreement of October 29, 1886 across the Periyar river. The construction continued for about eight years and was completed in 1895.