Kochi, Wednesday, February 17, 2010: Transferring the case for the consideration of ‘Green Bench’ the Kerala High Court extended the status quo for the two check dams and electric fence built by Tata for three weeks.

Also the Court criticized the Munnar district collector for issuing notice to Tata, it observed that prima facie the district collector’s action was wrong, it should be checked whether the authority to raze the dam rests with Dam Safety Authority or Revenue department.

Justice T.R. Ramachandran Nair passed the interim order on three writ petition filed by the deputy general manager (administration and legal) of the company challenging a show-cause notice issued to the company by the Idukki Collector for demolishing the check-dams at its Lekshmi and Chanduvurrai estates and the electric fencing erected on at Munnar.

Counsel for the petitioner contended that the notices were issued without authority. The Collector had no powers to issue such notices. He contended that the bunds, which the notice had termed as ‘check-dams,’ had been there for 70 years.

The check-dam in the Chanduvurrai estate was put up for supplying drinking water to around 750 workers employed in the southern division of the estate. The dam at Lekshmi was constructed for wild animals and breeding fish. It was really a ‘permissible activity’ in terms of the agreement. The government should have got them examined by the Dam Safety Authority under the Dam Safety Act and could act only after getting the expert team’s report.