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MADURAI: Calling for restraint in the ongoing Mullaiperiyar dam row, the Madurai Bench of the Madras High Court on Monday steered clear of passing orders on a petition seeking deployment of Central forces to protect the dam.“We cannot superimpose on the matter and we cannot interfere in the matters of the apex court. Discussions between the two State governments (TN and Kerala) are going on and the matter is under the expert committees. Do not sensationalise the issue,” a bench comprising Justices Chitra Venkataraman and R Karuppiah said. The judges said that this is an issue that needed to be dealt with caution.The Bench directed two lawyers B Stalin and K Neelamegam not to sensationalise the matter when they put in their contentions on a Public Interest Litigation (PIL) filed by R V S Vijayakumar, vice president, Tamil Nadu PWD Senior Engineers’ Association seeking deployment of CRPF and CSIF personnel at the dam site. According to the PIL, there was a threat to the lives of the PWD engineers at Mullaiperiyar and the lives of Lord Ayyappa’s devotees.On Monday, the counsel for the petitioners alleged before the judges that the land belonging to TN at the site of the dam was illegally encroached upon by Kerala. To this the Bench stated that the court cannot dwell on the allegations at this time as “the dispute is pending before the SC. How are we to presume that there is encroachment at this stage and precipitate the issue?”Observing that the government knew its responsibility to protect the rights, the judges said that the court could not interfere in the matter now. Asking the advocates to realise their responsibility, the bench said they could file a PIL in SC.Meanwhile, Special Government Pleader to the Advocate General of Kerala Tom K Thomas filed a counter affidavit on behalf of the DGP and Chief Secretary of Kerala stating that no cause of action has arisen within the territorial limits of the court. Pointing out that the SC had on November 10, last year issued directions to maintain status quo on the dam, he said while the empowered panel is in the process of carrying out inspections, the writ petition is not maintainable. K P Dhandapani, advocate general of Kerala, was also present. The matter has been posted for January 23.
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