On 18 February 2010, the Supreme Court decided to constitute a five-member empowered committee to study all the issues of Mullaiperiyar Dam and seek a report from it within six months. The Bench in its draft order said Tamil Nadu and Kerala would have the option to nominate a member each, who could be either a retired judge or a technical expert. The five-member committee will be headed by former Chief Justice of India A. S. Anand to go into all issues relating to the dam's safety and the storage level.
However, the ruling party of Tamil Nadu, DMK, passed a resolution that it not only oppose the apex court's decision to form the five-member committee, but also said that the state government will not nominate any member to it. Tamil Nadu Chief Minister M. Karunanidhi said that immediately after the Supreme Court announced its decision to set up a committee, he had written to Congress president asking the Centre to mediate between Kerala and Tamil Nadu on Mullaperiyar issue. However, Leader of Opposition J. Jayalalithaa objected to the TN Government move. She said that this would give advantage to Kerala in the issue. Meanwhile, Kerala Water Resources Minister N. K. Premachandran told the state Assembly that the State should have the right of construction, ownership, operation and maintenance of the new dam, while giving water to Tamil Nadu on the basis of a clear cut agreement. He also informed the media that Former Supreme Court Judge Mr. K. T. Thomas will represent Kerala on the expert panel constituted by Supreme Court.
On 8 March 2010, in a fresh twist to the Mullaperiyar Dam row, Tamil Nadu told the Supreme Court that it was not interested in adjudicating the dispute with Kerala before the special “empowered” committee appointed by the apex court for settling the inter-State issue. However, Supreme Court refused to accept Tamil Nadu's request to scrap the decision to form the empowered committee. SC also criticized the Union Government on its reluctance in funding the empowered committee.
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