In a judgment that could reshape how waqf disputes are handled across India, the Kerala High Court on Friday upheld the State Government's right to investigate the decades-old controversy surrounding 404 acres of land linked to Kozhikode's Farooq College. The Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. reversed the earlier single bench ruling that had quashed a state-appointed commission of inquiry into the issue.
"The government acted within its power to protect the rights of hundreds of bona fide occupants and prevent communal discord," the Bench observed, rejecting the Kerala Waqf Board’s objection.
Background
The dispute traces back to an endowment deed executed in 1950 by one Mohammed Siddique Sait in favour of Farooq College Management. While the Waqf Board later treated this deed as a "waqf endowment", the college management and the state argued it was merely a "gift deed"for educational purposes.
Over the decades, much of the original land was sold to private owners and small business operators. By 2019, however, the Waqf Board suddenly declared the property as waqf land, triggering massive protests by local residents and landholders. The situation escalated into law-and-order concerns, forcing the government to step in with a commission headed by Justice (Retd.) C.N. Ramachandran Nair to "find a practical and just solution".
The single judge had struck down this move, calling it "contrary to the Waqf Act, 1995."
Court's Observations
The Division Bench took a different view. The judges noted that the State Government's inquiry was not an encroachment on the powers of the Waqf Tribunal, but a measure "born out of public necessity."
"The State cannot be expected to remain a mute spectator when the livelihoods of hundreds are at stake," the court remarked.
The Bench further criticized the Kerala Waqf Board’s conduct, calling its 2019 declaration 'a unilateral act made after seven decades, without survey, inquiry, or hearing affected parties.' It described the move as 'nothing short of a land-grabbing tactic' intended to seize commercially valuable coastal property.
In one of the most striking portions, Justice Dharmadhikari wrote,
"Merely painting the property with the brush of waqf does not make it one. The act of permanent dedication must be proved."
The court emphasized that the original 1950 deed allowed Farooq College to sell land to support educational initiatives, and such a right of alienation contradicts the principle of a permanent dedication - a defining element of waqf.
"The endowment was for educational and charitable purposes, not religious dedication," the judgment noted.
Legal Reasoning
The court analyzed multiple statutes - from the Mussalman Waqf Act, 1923, to the Central Waqf Act, 1995 - and concluded that "permanent dedication" was missing from the 1950 transfer. Without such dedication, the property could not be treated as waqf.
Citing the Supreme Court's recent interpretation of the Waqf (Amendment) Act, 2025, the Bench said deletion of certain overriding provisions of the 1995 Act meant that the Waqf Board's unilateral declaration no longer held binding force on state authorities.
"The government's inquiry, therefore, stands valid under Section 97 of the Waqf Act, empowering it to issue directions in public interest," the Bench ruled.
Decision
Setting aside the single judge's order, the Division Bench reinstated the State Government's November 2024 notification that appointed the one-member inquiry commission. The court clarified that the commission may proceed with its investigation and submit its report, after which the State can decide the next steps.
However, the Bench stopped short of making any declaration on ownership, saying:
"Our findings are prima facie; the question of title remains open before the Waqf Tribunal and competent civil courts."
The judgment is likely to have far-reaching implications, especially for states facing similar waqf property disputes involving old endowments and community landholdings.
Case Title: State of Kerala v. Kerala Waqf Samrakshana Vedhi & Others
