Listed on:7.02.2017 Court NO.:02 Item No.:301

SECTION XII

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2454 of 2007 WITH

Interlocutory Application No.2

(Application for stay)

WITH

Interlocutory Application No.3 (Application for direction)

AND

Interlocutory Application No.4

(Application for direction)

State of Kerala ...Appellant

Versus

State of Tamil Nadu & Ors. ...Respondents

OFFICE REPORT

The matter above-mentioned alognwith other connected matters was listed before the Hon'ble Court on 7th May, 2007, when inter-alia the following order was passed:-

"Delay condoned. Permission to file SLP is granted in SLP(C)....CC No. 4576/2007.

Leave is granted in all the matters.

Keeping in view the importance of the question involved, we are of the opinion that these matters may be heard by a larger bench. Liberty to mention.

Mr. R. Nedumaran, Advocate accepts notice inb SLP(C) No.7808/2007 and SLP(C)....CC No.8413/2007.

Mr. G. Prakash, Advocate accepts notice in SLP(C) No.7808/2007 and SLP(C)....CC No.4576/2007."

It is submitted that Mr. Ram Babu M.R., Advocate for the Appellant has filed application for stay and directions and the same have been registered as Interlocutory Application Nos.2 and 4. Copies of the same is placed below with appeal paper books.

It is further submitted that Mr. B. Balaji, Advocate has filed an application for direction on behalf of Respondent No.1 (State of Tamil Nadu) with affidavit and Annexure A to F and the same has been registered as Interlocutory Application No. 3. Copies of the same is placed below with appeal paper books.

It is further submitted that Mr. Ramesh Babu M.R., Advocate has filed counter affidavit on behalf of State of Kerala to the application filed by State of Tamil Nadu. Copy of the same is also included in the paper books.

It is further submitted that Mr. Ramesh Babu M.R., Advocate for the appellabnt, has on 16th January, 2016, filed written submission and the same is circulated herewith.

It is further submitted that the original record from the Cauvery Water Tribunal, New Delhi has not been received. In this regard, a letter has been received from Cauvery Water Tribunal, New Delhi stating therein that documents containing thousands of documents in support of their respective contentions, however, if any documents from the above record are required in connection with issue referred by the party, the same could be supplied.(Copy of letter dated 9.5.2014 is enclosed).

Thereafter the matter above-mentioned alognwith other connected matters was listed before the Hon'ble Court on 19th October, 2016, when the Court was pleased to pass the following order:-

"Heard Mr. Mukul Rohatgi, learned Attorney General for India appearing for the Ministry of Water Resources, Government of India, Mr. F.S. Nariman, learned senior counsel appearing for the State of Karnataka, Mr. Shekhar Naphade, learned senior counsel appearing for the State of Tamil Nadu, Mr. A.S. Nambiar, learned senior counsel appearing for the Union Territory of Puducherry and Mr. Jaideep Gupta, learned senior counsel appearing for the State of Kerala.

Hearing on issue of maintainability was resumed and stands closed.

Judgment reserved.

The interim order passed on earlier occasion shall continue.

Written notes of submissions shall be filed by 24.10.2016. "

-2-

Lastly, the matter above-mentioned alognwith other connected matters was listed before the Hon'ble Court on 4th January, 2017, when inter-alia the following order was passed:-

"...C.A. No.2453/2007, C.A. No.2456/2007 & C.A. No.2454/2007

Heard learned counsel for the parties.

It is submitted at the Bar that the hearing of the appeals is likely to take almost three weeks if the matter is taken up every day at 2.00 p.m.

Regard being had to the aforesaid submission, we think it appropriate to fix the appeals for hearing at 2.00 p.m. on 7th February, 2017. The matter shall continue on day to day basis as agreed to by the learned counsel for the parties. As further agreed to by the learned counsel for the parties, they shall submit preliminary written notes of submissions by that date.

The interim order which is in force shall continue till the appeals are decided. "

It is submitted that Mr. Mr. B. Balaji, Counsel for Respondent No. 1 has on 1st February, 2017 filed an application for direction but true copies of documents annexed with application are not signed by the Counsel. However, unregistered application for direction is being circulated herewith.

Service of notice is complete.

The matter alongwith the applications above mentioned is listed before the Hon'ble Court with this office report.

Dated this, the 6th day of February, 2017.

ASSISTANT REGISTRAR

COPY TO: Mr. Ramesh Babu M.R., Advocate Mr. V. G. Pragasam, Advocate Mr. V. N. Raghupathy, Advocate Mr. B. Balaji, Advocate

ASSISTANT REGISTRAR

-3-

ac