New Delhi: The Supreme Court on Monday issued notices to the Central government and the State of Tamil Nadu on a petition seeking the decommissioning of the century-old Mullaperiyar dam in Kerala and the construction of a new dam at the same site.

A Bench comprising Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran sought responses from both the Union and Tamil Nadu governments on a plea filed by the Kerala-based organisation, Save Kerala Brigade.

CJI Gavai observed that the Mullaperiyar is one of the oldest dams in the country. Senior Advocate V Giri, appearing for the petitioner, agreed and stated that the dam is around 130 years old, adding that it poses serious safety concerns.

“But the life of about 10 million people are at the risk of loss,” he submitted.

In response, CJI Gavai suggested the possibility of issuing directions to strengthen the dam or appointing an expert body to assess its condition. However, Justice Chandran pointed out that since the issue involves two States, the petitioner must clearly outline the problems with the existing structure.

“But you have to explain what exactly is the problem because if another dam is built then Tamil Nadu water...?” Justice Chandran said.

Senior Advocate Giri responded that only the Supreme Court could issue such directions to allow for the construction of a new dam. The court then issued notices to the parties concerned.

The Mullaperiyar dam, built during British rule, has long been a point of contention between Kerala and Tamil Nadu. While Kerala argues that the dam is structurally unsound and poses a risk, Tamil Nadu has consistently maintained that the dam is safe and critical for supplying water to five of its districts.

In a 2014 verdict, the Supreme Court had ruled in favour of Tamil Nadu, stating the dam was safe, and allowed the water level to be maintained at 142 feet. A supervisory committee was also constituted to oversee its management.

However, following the 2018 Kerala floods, the court passed an interim order to limit the water level to 139 feet as a temporary measure. Kerala continues to argue that the dam should be decommissioned in the interest of public safety.