Plea to declare Mullaperiyar lease pact outdated

KOCHI:  A civil suit was filed before the Ernakulam District Court on Friday seeking a directive to declare the lease agreement over the land in which the Mullaperiyar dam is constructed, as outdated. The petitioner, Basil Attipetty, of Nayarambalam, submitted that a lease agreement for 999 years was made between the Maharaja of Travancore Visakham Thirunal Rama Varma and the British Secretary of State for India for Periyar Irrigation Works in 1886. The lease agreement was signed by the Diwan of the erstwhile Travancore V Ram Iyengar and State Secretary of erstwhile Madras State J C Hannington.The agreement granted the erstwhile Madras state the full right, power and liberty for carrying out any construction activities on the land for any works. As per the agreement, over 8,100 acres of land was leased out to the erstwhile Madras State.  According to the petitioner, the lease agreement was signed by the then Maharaja under pressure from the British government. The petitioner pointed out that the erstwhile Travancore state had not given its consent as contemplated in the Indian Contract Act when it was signed. No party could enter into an agreement for 999 years. So it could be assumed that it was forced upon the erstwhile state. So the lease agreement was a fraudulent and sham document, the petitioner said.When a dispute arose over the agreement, the arbitrator had ruled in favour of the erstwhile Travancore state in 1909. However, the erstwhile State of Madras did not agree to the decision. The lease deed got lapsed after the enactment of the Indian Independence Act 1947.The petitioner also pointed out that the entire 8,100 acres had become a property of Kerala since the formation of the state under the State Re-orgnisation Act, 1956. Though the agreement was renewed in 1970, it does not have any validity. This is because an agreement which ceased to exist after  Independence could not be renewed. “The Government of Kerala is duty-bound to protect the lives and properties of its people which are in danger due to a possible burst of the Mullaperiyar dam,” the petitioner said.  The Tamil Nadu Government, Kerala Chief Secretary and Kerala Law Department have been made respondents in the civil petition.