Inquiry Commission Appointed To Examine Munambam Land Dispute Doesn't Have Judicial Or Quasi Judicial Function: State Tells Kerala HC

In its a counter filed to a plea challenging the appointment of a Commission of Inquiry with respect to the Munambam land dispute, the State has told the Kerala High Court that Commission appointed by it has no judicial or quasi-judicial function.The State had appointed retired High Court Justice C. N. Ramachandran Nair as Commission of Inquiry for the purpose of finding a "permanent solution" with respect to the ownership in the matter of ongoing dispute for right of ownership between the citizens residing in Munambam at Ernakulam District and the State Waqf Board. The high court was hearing a plea by Kerala Waqf Samrakshana Vedhi, a registered society which works to protect Waqf properties in the state which has challenged the state government's notification appointing the Commission. Justice Bechu Kurian Thomas had during the previous hearing asked how the State can appoint an inquiry Commission in a matter which is already settled by judicial proceedings. The court in the previous hearing 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. The petitioner had submitted that the land has been already declared by civil court as waqf land.The State has submitted that the Commission is appointed to make a report and it is not conducting a judicial or quasi-judicial enquiry. Furthermore, the State submitted that as per the Commissions of Inquiry Act, the Commission has no power of adjudication of any question of title or dispute and is only a mechanism to assimilate necessary information and inform the Government. The Commission will have no power to enforce its recommendations either. The Government said that any case of action will arise only if the Government takes a decision on the recommendation of the Government. It was further submitted that any interference at this stage will be prejudicial to the interest of the residents of Munambam.The Government also questioned the locus standi of Kerala Waqf Samrakshana Vedhi to file the Writ challenging the appointment of the Commission.The petitioner had argued that the State had no competence to appoint the Commission as waqf comes under item 97 (items not mentioned in State List or Concurrent List) of Union List of VII Schedule of the Constitution. However, the State has now submitted that the matter comes under Entry 18 of State List, Entry 6 and 28 of Concurrent List.The State has also submitted the civil court in its 1971 judgment had only decided on the claim over 12 acres of land out of the 135.11 acres.A resident of Munambam, Joseph Rockey has sought to implead in the case.The matter will be next heard on February 3. Case Title: Kerala Waqf Samrakshana Vedhi v State of Kerala and OthersCase No: WP(C) 2839/ 2025

Inquiry Commission Appointed To Examine Munambam Land Dispute Doesn't Have Judicial Or Quasi Judicial Function: State Tells Kerala HC

Manju Elsa Isac

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