Kerala High Court dismisses state judicial panel investigating Munambam Waqf land dispute.
The Kerala High Court has nullified the state government's judicial commission on the Munambam Waqf land dispute, citing a lack of authority. Supporting the petitioners who challenged the panel's legitimacy, the court ruled that a tribunal is already in place.
Kerala High Court Quashes State Judicial Commission in Munambam Waqf Land Dispute
In a key judgment, the Kerala High Court has declared void the state government’s judicial commission formed to inquire into the Munambam Waqf land dispute. The court held that the state did not have exclusive jurisdiction to form such a commission, as already there is a Waqf tribunal to decide such cases.
Court Judgment and Government’s Position
The Kerala government had justified the judicial commission, saying it was a fact-finding committee. But in hearing a petition by the Waqf Samrakshana Samithi (Protection Committee), the court challenged the state’s authority in appointing the panel. As a result, the judicial commission, headed by former High Court Justice CN Ramachandran Nair and formed last November, was set aside.
The Dispute and Its Implications
The case concerns land in Munambam, Ernakulam, over which more than 600 families, mostly Christian, are protesting against the Kerala Waqf Board’s takeover of their property. The controversy has set off protests by residents, fueling tensions regarding land ownership in the coastal village.
The dispute originated in 1950 when Siddique Sait donated the land to Farook College. The college argues that the land was never made Waqf property but was gifted conditionally through a deed. Legal interpretations state that for a property to be considered Waqf, there should be an irrevocable dedication to God.
Broader Impact
The High Court judgment is regarded as a blow for the Kerala government since it reinforces the jurisdiction of the Waqf tribunal to settle such cases. It also draws attention to the continued legal complexities of land ownership and religious trusts in India.
As the affected families and the Waqf Board prepare for the next legal steps, the ruling sets a precedent for similar cases in the state, ensuring that disputes are handled within the existing legal framework.
The situation in Munambam remains tense, with stakeholders closely monitoring the developments following the High Court’s verdict.
