Munambam Waqf Commission lacks authority over judicially recognised waqf property: HC
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The Kerala High Court on Monday quashed the State government’s decision to appoint an inquiry commission to examine the rights of approximately 600 families facing eviction after a property in Munambam was declared waqf land, ruling that the Commission lacked authority to interfere with settled judicial findings.
The decision came in response to a petition filed by the Kerala Waqf Samrakshana Vedhi, which challenged the government's move on the grounds that a judicial body had already recognised the land as waqf property.
The High Court found that the inquiry commission, led by former High Court judge Justice CN Ramachandran Nair, had no adjudicatory power over property title and could not overrule or influence decisions made by judicial bodies.
It further held that the commission's observations could have repercussions on ongoing legal proceedings before the Waqf Tribunal in Kozhikode, which is currently handling an appeal against the land's classification as waqf property. The court pointed out that while the commission was formed to study the grievances of the residents, it had no power to enforce its recommendations, making its report non-binding on the government.
The dispute concerns land in Munambam, in Ernkulam district, that initially spanned 404.76 acres but was reduced to 135.11 acres due to sea erosion. In 1950, the waqf land was gifted to Farook College by Siddique Sait, although several families were already residing there, leading to legal conflicts between the college and the long-time occupants.
Over time, portions of the land were sold to these occupants, but the sales did not specify the waqf status of the property. The situation escalated in 2019 when the Kerala Waqf Board formally registered the land as waqf property, rendering the previous transactions void and triggering protests from residents who were subsequently threatened with eviction.
Amid growing opposition from affected families, the Kerala government set up the inquiry commission in November 2024 to explore possible solutions, prompting a legal challenge from petitioners who argued that the move was an attempt to protect encroachers under the guise of ensuring their rights.
They contended that the commission’s formation was unjustified since the government had already recognised the residents as bona fide occupants despite existing judicial rulings affirming the land’s waqf status.