Munambam Waqf land dispute: HC stays order quashing Kerala govt's inquiry commission

IANS April 7, 2025 188 views

The Kerala High Court has provided a significant reprieve to the state government's inquiry into the Munambam Waqf land dispute. A division bench stayed a previous order that challenged the appointment of the Justice C.N. Ramachandran Nair Commission, allowing the investigation to proceed. The dispute involves complex land ownership issues dating back to 1950, with approximately 600 families potentially facing eviction. The court has scheduled a detailed hearing for June 16, 2025, keeping the commission's investigation active in the meantime.

"During the pendency of these appeals, the operation and implementation of the judgment... is stayed" - Kerala High Court Division Bench
Kochi, April 7: Three weeks after the Pinarayi Vijayan government suffered a jolt when the Kerala High Court allowed the petition challenging the appointment of an Inquiry Commission to find a permanent solution to a dispute between the Munambam residents and the Waqf Board, on Monday a division bench stayed that order.

Key Points

1

Dispute involves 404.76-acre land originally gifted to Farook College

2

Waqf Board registered property in 2019, triggering resident opposition

3

Commission will continue investigating land ownership complexities

4

Sea erosion reduced land to 135.11 acres

With this, the Justice C.N. Ramachandran Nair Commission appointed by CM Vijayan to examine the rights of around 600 families facing eviction after a property at Munambam was declared to be a Waqf will be able to proceed with his job.

The dispute concerns land in Munambam, which originally measured 404.76 acres but has been reduced to around 135.11 acres due to sea erosion.

The division bench on Monday said, "the appeals are admitted. List the appeals for hearing on the daily board from June 16, 2025. During the pendency of these appeals, the operation and implementation of the judgment dated March 17, 2025, is stayed. The report submitted by the Commission will not be acted upon by the State government without seeking leave of this court in view of these appeals," the court said in its order.

The issue dates back to 1950 when the now disputed land was gifted to the Farook College by one Siddique Sait. However, the land was already home to several people, who continued occupying the land, leading to legal battles between the college and the long-time occupants. Later, the college sold portions of the land to these occupants.

These land sales failed to mention that the property was Waqf land. In 2019, the Kerala Waqf Board formally registered the land as its property, making the earlier sales void.

This triggered opposition from residents who faced eviction. An appeal challenging the State Waqf Board's decision to classify the Munambam land as its property was filed before a Waqf Tribunal in Kozhikode.

It was the members of the Waqf Samrakshana Samithi who argued that the government had no power to inquire into Waqf properties outside the statute and wanted the Nair Commission to be disbanded.

The petition will now be heard in detail on June 16.

Reader Comments

R
Rajesh K.
Finally some relief for those families! The government is doing the right thing by investigating this properly. These people have lived there for generations - can't just throw them out like that. 👏
S
Sunita M.
This case shows why proper land records are SO important. If the sales documents had mentioned it was Waqf land, we wouldn't be in this mess today. Hope the commission can find a fair solution.
A
Anwar P.
While I support the residents' rights, I'm concerned about the precedent this sets for Waqf properties. The board has legal rights too that shouldn't be ignored. Tough situation all around.
M
Meena S.
The sea erosion reducing the land by almost 70% is heartbreaking 💔 These families have already lost so much. The court should consider this aspect when making final decisions.
V
Vijay T.
Respectfully, I think the government overstepped by forming this commission. There are existing legal processes for Waqf disputes - creating parallel systems just causes more confusion.
P
Priya R.
Waiting until June 2025 for the next hearing seems too long! These families must be living in constant uncertainty. Hope the commission can at least provide some interim recommendations soon.

We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.

Tags:
Kerala High Court Pinarayi Vijayan Waqf Land Munambam Land Dispute Justice Ramachandran Nair Commission
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