Munambam Land Dispute : Kerala High Court Questions Commission's Power To Examine Court Declarations On Waqf, Says It's Inclined To Stay

The Kerala High Court today (24th January) questioned the authority of the State-appointed Commission to inquire into the Munambam land dispute between the locals and the Waqf Board, when the property was declared to be a waqf in judicial proceedings.Dealing with a petition filed by Kerala Waqf Samrakshana Vedhi, a registered society which works to protect Waqf properties in the state, Justice Bechu Kurian Thomas further asked the Government Pleader if such a Commission can arrive at a different conclusion than what is decided by the Court and “unsettle” the matter.“On a matter which is already concluded by civil court judgment, affirmed by the High Court in the appeal, can a Commission of Inquiry come up an arrive at a different conclusion opening up a pandora's box?.”The civil court order dates back to the year 1968. The Kerala High Court had dismissed an appeal against the same in the year 1975.The Commission was appointed by the State government vide a notification issued last year, to find a “permanent solution" with respect to ongoing dispute for right of ownership between the citizens residing in Munambam and Waqf Board. The Petitioner-society submitted that the land is enlisted as a Waqf property and the same has already been affirmed by decisions of the civil court and High Court.The Court said that as far as the 104-acre property in Munambam, which was already declared as Waqf is concerned, the State government did not have the power to appoint a Commission. The Court added that it was inclined to pass the interim order requested by the petitioner – to stay the appointment of Inquiry Commission“As far as the 104 acres is concerned, it is a Waqf property as declared by the Board. There is no exclusion in the appointment of the Commission regarding the 104 acres. It includes the waqf property also which you are not entitled to appoint a Commission… I am considering the interim relief, prima facie inclined in that way.”The matter will be further heard on Wednesday.Case Title: Kerala Waqf Samrakshana Vedhi v State of Kerala and OthersCase No: WP(C) 2839/ 2025

Munambam Land Dispute : Kerala High Court Questions Commission's Power To Examine Court Declarations On Waqf, Says It's Inclined To Stay

Manju Elsa Isac

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