The Court observed “The commission of enquiry has no power or adjudication on any question of title and is neither a judicial or quasi-judicial enquiry. The terms of reference also do not enable the commission to decide the question whether the property is a waqf or not. Even otherwise the commission has no powers to enforce its recommendations and its report is not even binding on the government”
Kerala: Today, 17th March, The Kerala High Court has quashed the Kerala government’s decision to appoint an inquiry commission to examine the rights of around 600 families facing eviction from Munambam land, which has been declared as waqf (an endowment under Islamic law for charitable or religious purposes).
The verdict was delivered by Justice Bechu Kurian Thomas in response to a petition filed by Kerala Waqf Samrakshana Vedhi.
Justice Thomas quashed the State’s decision on the grounds that a judicial body had already declared the land as waqf property. The court stated that the inquiry commission formed by the State lacked the authority to interfere with settled judicial findings.
“The commission of enquiry has no power or adjudication on any question of title and is neither a judicial or quasi-judicial enquiry. The terms of reference also do not enable the commission to decide the question whether the property is a waqf or not. Even otherwise the commission has no powers to enforce its recommendations and its report is not even binding on the government,” the Court observed.
The Court also noted that an appeal against the classification of the land as waqf property is currently pending before the Waqf Tribunal. The court highlighted that any observation made by the inquiry commission could impact the tribunal proceedings.
“Nevertheless, as the commission is composed of a former judge of this court, any observation by the commission in respect of the matter i.e. pending before the waqf tribunal can have repercussion. The findings of the commission may have a propensity to prejudice the rights of the contesting parties before the said tribunal. Even an observation regarding the nature of occupation of the persons in possession, the character of their occupation including that of the property, even indirectly can have tendency to impede the fair consideration of the questions before the tribunal,” the Court stated while quashing the State’s decision.
Background
The dispute revolves around a piece of land in Munambam. Originally, the land measured 404.76 acres but has been reduced to about 135.11 acres due to sea erosion. In 1950, the land was gifted to Farook College by Siddique Sait. However, many people were already residing on the land, leading to disputes between the college and the long-time occupants.
Later, the college sold parts of the land to these residents. These sales, however, did not mention that the land was waqf property. In 2019, the Kerala Waqf Board formally registered the land as waqf, rendering the earlier sales void. This decision faced opposition from residents who now face eviction.
An appeal challenging the Waqf Board’s classification is currently pending before the Waqf Tribunal in Kozhikode.
In November 2024, responding to protests from around 600 families, the Kerala government appointed an inquiry commission led by former High Court judge Justice CN Ramachandran Nair to suggest solutions. This decision was challenged in the High Court.
During the hearing on February 3, the State, represented by Advocate General Gopalakrishna Kurup, defended the formation of the commission.
He argued, “The judicial commission of inquiry is just a fact-finding commission to bring light on the issues faced by the people on the Munambam land dispute and inform the government about the same.”
However, the petitioners, represented by advocates TU Ziyad and PK Ibrahim, argued that the inquiry commission was a State attempt to assist encroachers. They pointed out that the commission’s notification had prematurely classified the occupants as bona fide, even though the courts had already declared the land as waqf.
The petitioners also argued that the government’s justification—claiming residents faced difficulties in paying property tax due to the Waqf Board’s registration—was flawed.
During the hearing, the Court emphasized that only the tribunal has the authority to resolve disputes over the nature of the Munambam land.
“Commission cannot come to a conclusion that it’s a gift deed or waqf deed. Even I will not pass such an order. It’s not proper for any (other) authority—it’s for the tribunal to decide when it’s pending before it,” Justice Thomas observed.
He also questioned the legal sustainability of forming such a commission.
“Acquisition of land for the purpose of protecting the rights of the trespassers by the government will have far-reaching consequences. Nowhere would there have been a Judicial commission set up to determine the private rights of the so-called bona fide occupants as mentioned in the government order, which is yet to be decided,” Justice Thomas remarked during the February 3 hearing.
Case Title: Kerala Waqf Samrakshana Vedhi & anr v State of Kerala & ors.
