Tumukuru Jilla Hemavathy Nala A. Vedike vs. The State Of Karnataka State Of Karnataka . Through Chief Secretary

˜# ORIGINAL SUIT 3 OF 2002 ITEM No.8 Court No. 1 SECTION IIIA

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

I.A. No. 2 in I.A. No. 1 in ORIGINAL SUIT NO. 3/2002

STATE OF TAMIL NADU Plaintiff (s)

VERSUS

STATE OF KARNATAKA & ORS. Defendant (s)

(for directions)

and

Contempt Petition (Civil) No. 461/2002 in I.A. No. 1 in Original Suit No. 3/2002 (State of Tamil Nadu vs. S M Krishna & Ors.)

Date : 30/09/2002 These Petitions was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE K.G. BALAKRISHNAN HON'BLE MR. JUSTICE ARIJIT PASAYAT For Plaintiff (s)/ Applicant (s)/ Petitioner (s) State of Tamil Nadu Mr. K.K. Venugopal, Sr. Adv. Mr. C.S. Vaidyanathan, Sr. Adv. Mr. Muthukumaraswamy, Addl. Adv. Genl. Mr. G. Umapathy, Adv. Mr. C. Paramasivam, Adv. Mr. Vadivelu, Adv. Ms. Revathy Raghavan, Adv.

For Defendant (s)/ Respondent (s) State of Karnataka Mr. Anil B. Divan, Sr. Adv. Mr. S.S. Javali, Sr. Adv. Mr. A N Jayaram, Adv. Genl. Mr. Mohan V. Katarki, Adv. Mr. Shambhu Prasad Singh, Adv. Mr. Sanjay R. Hegde, Adv. Mr. Satya Mitra, Adv.

UoI Mr. Mukul Rohtagi, ASG Mr. S. Wasim A. Qadri, Adv. Mr. S.N. Terdol, Adv. State of Kerala Mr. Dayan Krishnan, Adv. Mr. K.R. Sasiprabhu, Adv.

Govt. of Pondicherry Mr. P K Manohar, Adv. Mr. V.G. Pragasam, Adv.

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UPON hearing counsel the Court made the following O R D E R

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In the affidavit filed on behalf of the Union of India pursuant to this Court's order dated 23rd September, 2002, it has been, inter alia, stated that the Cauvery@@ CCCCCCCCCC

Monitoring Committee was directed by the Prime Minister to visit the reservoirs in Karnataka and also in Tamil Nadu in the Cauvery Basin and assess the ground realities. It is further stated in this affidavit that because of the State of Tamil Nadu's representation and stand that it will not be in a position to participate in the meeting which was scheduled to be held, and attitude of non-coperation, the Cauvery Monitoring Committee could not complete the task which had been entrusted to it by the Prime Minister.

Mr. K K Venugopal, learned senior counsel appearing for the State of Tamil Nadu, states that without prejudice to the contentions raised by the State of Tamil Nadu in these proceedings, the State will cooperate with the Cauvery Monitoring Committee to assess the ground realities as directed by the Prime Minister.

We direct the Cauvery Monitoring Committee to complete its task of inspection of the Mettur Dam as well as the ground realities in Tamil Nadu and in Cauvery Basin as had been directed by the Prime Minister and to submit a report to the Prime Minister on or before 3rd October, 2002 and file a copy of the same in this Court with copies of the same to the learned counsel.

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The State of Karnataka and other respondents may file their reply to the Contempt Petition by 3rd October, 2002.

To come up on 4th October, 2002.

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(D.P. WALIA) (S.L. GOYAL) Court Master Court Master

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