Kerala High Court, Justices SA Dharmadhikari and Syam Kumar VM, upheld the State Government’s decision to form an inquiry commission to probe the Munambam Waqf land dispute, bringing major relief and renewed hope to nearly 600 evicted families.
The Kerala High Court set-aside a previous ruling made by a single judge, which had cancelled the State government’s establishment of an inquiry commission. This commission was set up to investigate the rights of approximately 600 families facing eviction after land in Munambam was declared as waqf property.
A bench consisting of Justices SA Dharmadhikari and Syam Kumar VM upheld the appeal from the State government against the single judge’s decision, issued on March 17.
Earlier, in August, a different division bench had stayed the single judge’s ruling, suggesting that the State was likely within its rights to issue the notification for the commission led by retired High Court judge Justice CN Ramachandran Nair.
The conflict revolves around land in Munambam, which once spanned 404.76 acres but has since diminished to about 135.11 acres due to sea erosion.
In 1950, the land was donated to Farook College by Siddique Sait. However, several families were already living on the land, leading to legal disputes between the college and these long-standing occupants.
Eventually, the college sold parts of the land to these residents, without disclosing its status as waqf land. In 2019, the Kerala Waqf Board officially registered the land as waqf property, nullifying the previous sales and sparking opposition from the residents at risk of eviction.
An appeal contesting the State Waqf Board’s designation of the Munambam land as waqf was filed with a waqf tribunal in Kozhikode.
In response to mounting protests from around 600 families, the Kerala government established an inquiry commission in November 2024, led by retired Justice CN Ramachandran Nair, to suggest possible solutions.
This decision was challenged in the High Court by members of the Waqf Samrakshana Samithi, who contended that the government lacked the authority to investigate waqf properties outside the established statute.
Earlier, On March 17, a single-judge bench presided over by Justice Bechu Kurian Thomas cancelled the order to appoint the commission, stating that it had no legal authority to intervene in matters already adjudicated or pending under the Waqf Act of 1995.
In response, the State filed the current appeal, arguing that the petitioners did not have the standing to challenge the order and that it was issued without a proper understanding of the law and facts involved.
The petitioners were represented by advocates TU Ziyad, P Chandrasekhar, and Anoop Krishna.
Advocate General K Gopalakrishna Kurup represented the State, while standing counsel Jamshed Hafiz appeared for the Kerala State Waqf Board. Senior counsel George Poonthottam, instructed by advocate Nisha George, represented one of the residents involved in the petition.
The Munambam Waqf land dispute in Kerala centres on about 135 acres of coastal land in Ernakulam district that were originally gifted in 1950 by Mohammed Siddique Sait to Farook College, Kozhikode. Over the years, the college sold portions of the land to nearly 600 families, who built homes and paid taxes.
However, the Kerala State Waqf Board later claimed the property as waqf land, arguing that it was a charitable endowment that could never be sold. The residents, many of whom are Christian, insist their purchases were legal and made in good faith. To resolve the issue, the state government set up a judicial commission in 2024, but the Kerala High Court questioned its validity, saying waqf disputes should be handled by the Waqf Tribunal.
Though the commission’s work was briefly quashed, it was later allowed to continue. The dispute remains unresolved, balancing the residents’ right to their homes against the Waqf Board’s claim of religious endowment ownership.
Case Title: State of Kerala v. Kerala Waqf Samrakshana Vedhi