The Kerala High Court expressed concerns over the state’s decision to form an inquiry commission regarding land rights in Munambam, where 114 acres are declared waqf property. Justice Bechu Kurian Thomas criticized the move as redundant, indicating potential judicial overreach. The case will continue with a hearing scheduled for January 31, 2025, amidst ongoing disputes over ownership.
Kerala: The Kerala High Court on Friday raised serious concerns over the State government’s decision to form an inquiry commission to re-examine land rights in Munambam, despite prior judicial rulings declaring 114 acres of the disputed land as waqf property. The court was hearing a petition filed by the Kerala Waqf Samrakshana Vedhi, challenging the formation of the inquiry commission.
Justice Bechu Kurian Thomas criticized the State government’s notification forming the inquiry commission, stating that it appeared to lack proper consideration.
“What is your (State’s) entitlement to appoint a commission of inquiry? Who is the appropriate government? … As far as the 114 acres of land is concerned, it’s waqf property declared by the court. There is no exclusion in the notification regarding the commission’s appointment for waqf property … There is no proper application of mind in the order appointing the commission. It looks like an eyewash,”
the judge observed.
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Justice Thomas added that the commission’s inclusion of waqf land in its scope could be an intrusion into rights already settled by judicial decisions. He expressed a prima facie inclination to grant interim relief, potentially staying the commission’s operation.
The case is scheduled for the next hearing on January 31, 2025.
The Munambam land dispute dates back to 1902, when the Travancore royal family leased the land to a trader, Abdul Sathar Moosa Sait. At the time, several families were already residing on the land.
In 1948, the land was entrusted to Farook College by Sait’s son-in-law, Siddique Sait, to support its educational activities. Over time, residents occupying the land, who lacked ownership documents, faced eviction attempts by the college.
Eventually, the college agreed to sell the land to the residents at market value. However, the sale documents did not disclose that the land was waqf property.
In 2019, the Kerala State Waqf Board registered the Munambam land as waqf property, rendering the previous sales void. This move led to protests from residents and affected nearly 600 families.
The High Court and a civil court had previously upheld the Waqf Board’s claim over the land. Despite this, the State government issued a notification on November 27, 2024, forming an inquiry commission to investigate the dispute.
The Kerala Waqf Samrakshana Vedhi, representing the waqf board, argued that the commission’s formation was unconstitutional and violated settled judicial findings. It stated that the State lacked authority, as “Waqf” is not a subject under the State or Concurrent Lists in the Constitution of India.
The State government, however, defended the commission, claiming it aimed to protect bona fide occupants and propose solutions to the dispute.
The issue remains contentious, with several appeals pending, including:
- A challenge to the registration of the land as waqf property before the Waqf Tribunal in Kozhikode.
- A case questioning the validity of the Waqf Act, 1995, filed by the residents, pending before the Kerala High Court.
Case Title – Kerala Waqf Samrakshana Vedhi & anr v State of Kerala & ors
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