The Kerala government has challenged the High Court's March 17 order, which nullified the appointment of an Inquiry Commission established to address the land dispute between Munambam residents and the Waqf Board. The appeal has been filed, and the case is scheduled for a hearing before a division bench on April 3.
A single-judge bench had earlier ruled in favor of the Kerala Waqf Samrakshana Vedhi, a registered society dedicated to protecting Waqf properties. The court had reasoned that since the matter was already pending before the Waqf Tribunal, appointing an Inquiry Commission was unwarranted.
Government's Argument in Appeal
In its appeal, the State has contended that even if the land in question is assumed to be Waqf property, the government retains the authority to explore solutions to prevent further public unrest and law-and-order issues. The government argued:
"The Inquiry Commission is solely responsible for gathering information and does not possess adjudicatory powers over ownership or disputes. Any cause of action will arise only after the government makes a decision based on the Commission’s findings."
The appeal was placed before a division bench comprising Chief Justice Nitin Jamdar and Justice S. Manu, who will hear the matter on April 3.
Background of the Dispute
Residents of Munambam have been facing difficulties in paying land tax and transferring property titles due to claims that the land is registered as Waqf property. They assert that their ancestors had purchased the land from Farook College, and the key dispute revolves around whether Siddhique Sait, who donated the property to Farook College in 1950, had intended it to be classified as Waqf land.
An appeal is currently pending before the Waqf Tribunal in Kozhikode, challenging the classification of the property as Waqf land. Simultaneously, Munambam residents have moved the High Court questioning the constitutional validity of the Waqf Act itself.
Inquiry Commission and Legal Challenges
Amidst the ongoing dispute, the Kerala government issued a notification on November 27, 2024, appointing an Inquiry Commission. The State justified this move, stating:
"The Inquiry Commission was necessary to find a permanent solution to the dispute."
However, the Kerala Waqf Samrakshana Vedhi argues that multiple rounds of litigation have already settled the property rights, and the Inquiry Commission's formation was unnecessary.
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Upcoming Hearing
With the Kerala government now seeking to overturn the High Court's ruling, the matter will be closely watched as the division bench takes up the appeal on April 3.
Case Title: State of Kerala v T. K. I. Ahamed Sherief and Others
Case No: WA 603/ 2025
