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1994 Supreme(Mad) 537

SRINIVASAN, THANGAMANI
Parambikulam Aliyar Project Original Ayacutdars Association rep. by its Secretary, K. S. Balachandran – Appellant
Versus
State of Tamil Nadu rep. by the Secretary to Government – Respondent


Advocates Appeared:
For the Petitioners:K. Parasaran, Senior Counsel for A.K. Mybamy, S.V. Radhakrishna, V. Manivannan & C.T. Prabhakar, Advocates.
For the Respondents:R. Krishnamoorthy, Advocate General, assisted by R. Muthukumaraswamy, T.S. Krishnamurthy Iyer, Senior Counsel for G. Bhaskaran, K. Elango, G. Sahadevan, N.R. Cnandran Senior Counsel for Bharathidasan, K. Babu & C. Prakasam, Advocates.

Judgment :-

SRINIVASAN, J.

I. HISTORY.

1. The Parambikulam Aliyar Project was conceived in 1959 for the purpose of exploiting the rivers in the Western Ghats in Anamalai Region to the fullest extent possible and giving irrigation facilities to as much area as possible in the rain shadow lands which are always drought-stricken for nearly two centuries. The Project depended on the combined effort and co-operation of two neighboring States-Tamil Nadu and Kerala-for harnessing the rivers flowing in both the States. It contemplated integration of eight rivers, six on Anamalai Hills viz., Anamalayar, Nirar, Sholayar, Parambikulam, Thunakadavu and Peruvaripallam and two on the plains viz., Aliyar and Palar, by constructing reservoirs across them and inter-connecting them by tunnels, the tunnels were to help diversion of the waters impounded in the reservoirs to the plains of the then Coimbatore district in Tamil Nadu and Chithur district in Kerala State. As the rivers were in various elevations ranging between 3800 feet and 1050 feet, it was incidentally possible to utilise the drops between the rivers for the development of hydro-power. The project envisaged construction of dams and power h



















































































































































































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