The Supreme Court has stayed the Kerala High Court’s ruling on the Munambam waqf land dispute and ordered that the status quo be maintained until the next hearing, offering temporary relief to affected families amid the ongoing inquiry.
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NEW DELHI: In an interim order, the Supreme Court of India stayed the Kerala High Court’s declaration that the disputed Munambam land in Ernakulam district is not waqf property.
A Bench comprising Justices Manoj Misra and Ujjal Bhuyan also directed that the status quo be maintained with respect to the 135-acre property until January 27, 2026, the next date of hearing.
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While staying the High Court’s finding on the nature of the property, the Bench made it clear that the state-appointed inquiry commission, chaired by former judge Justice CN Ramachandran Nair, is free to continue its work.
The Court observed:
“The declaration in the impugned order that the property in question was not subject matter of waqf shall remain stayed and status quo shall be maintained till the next date of hearing. It is made clear that we have not stayed the inquiry.”
Background: The Munambam Land Dispute
The disputed land in Munambam once measured 404.76 acres, but due to decades of sea erosion, it has shrunk to around 135.11 acres. In 1950, the land was gifted to Farook College by Siddique Sait. By then, several families were already residing on the land, leading to a prolonged conflict between the college authorities and the occupants.
To resolve these tensions, Farook College sold portions of the land to the residents, without mentioning that the land could be waqf property.
The Kerala Waqf Board formally registered the land as waqf property in 2019, rendering prior sales allegedly void. This led to protests by around 600 families facing possible eviction. In response, the Kerala government appointed an Inquiry Commission in November 2024, headed by retired Justice CN Ramachandran Nair, to examine the rights of the families.
The appointment of the Commission was challenged by members of the Waqf Samrakshana Samithi, arguing that the government lacked the power to intervene in waqf matters. The Single Judge, Justice Bechu Kurian Thomas, quashed the State’s decision, prompting the appeal.
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Legal Journey
With tensions rising, the Kerala government in November 2024 constituted an inquiry commission led by Justice Ramachandran Nair to address the dispute.
This decision was challenged by the Kerala Waqf Samrakshana Vedhi, which argued that the State had no authority to interfere in matters governed exclusively by the Waqf Act.
High Court Proceedings
- A single judge quashed the commission, holding that the State overstepped its powers.
- A Division Bench reversed this ruling in October 2025, reinstating the commission and further holding that the Waqf Board’s 2019 notification was “bad in law” and amounted to a “land-grabbing tactic.”
- The Division Bench also held that the 1950 gift deed was not a waqf deed, a finding the Vedhi argues was beyond the High Court’s jurisdiction.
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Supreme Court’s Intervention
The Kerala Waqf Samrakshana Vedhi approached the Supreme Court, contending that:
- The High Court made premature findings on the nature of the property while the matter is pending before the Waqf Tribunal.
- The High Court ruling effectively validated executive overreach, allowing the State to interfere in a domain governed by statutory mechanisms.
After brief submissions, the Supreme Court:
- Issued notice to the Kerala government.
- Stated the High Court’s declaration regarding the waqf nature of the land.
- Ordered the status quo to protect the interests of the families and other stakeholders until further hearing.
- Allowed the inquiry commission to continue its work.
Case Title:
Kerala Waqf Samrakshana Vedhi (Registered) v. State of Kerala & Ors.
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