Munambam waqf issue a private dispute, what is the role of the government here? Kerala High Court

The Kerala High Court on Monday questioned how the Kerala government could intervene in the ongoing land dispute in Munambam, when it appeared to be a private dispute between the waqf board and long-time occupants [Kerala Waqf Samrakshana Vedhi & anr v State of Kerala & ors]..The Court was hearing a challenge to the Kerala government's decision to appoint an inquiry commission to protect the rights of around 600 families facing eviction after the property was declared to be a waqf (an endowment made under Islamic law to be used for a charitable or religious purposes). During yesterday's hearing of the matter, Justice Bechu Kurian Thomas questioned the State's decision to intervene in what appeared to be essentially a private dispute."It's a private dispute, what is the role of the government here? When a judicial body has found it's a waqf property and when you say your commission is not a judicial body, then why this commission? You have made the terms of the reference, but you have restricted and concluded that the persons are bonafide occupants," the judge remarked, while addressing the State's counsel..He again expressed doubts over whether the commission's formation was legally sustainable. He further noted that the State may also not be able to invoke its land acquisition powers in this matter, as such a move may set a bad precedent."Acquisition of land for the purpose of protecting the rights of the trespassers by the government will have far-reaching consequences. No where would there have been a Judicial commission set up to determine the private rights of the so called bonafide occupants as mentioned in the government order, which is yet be decided," Justice Thomas pointed out..The Court added that land acquisition may not be possible since the notification forming the commission failed to specify any legitimate public purpose necessary to invoke such State powers. "Your notification says this commission is to identify and investigate on the rights of the bonafide owners. Even the power of acquisition may not apply here, there is no mention of public purpose which is important for invoking power of acquisition," Justice Thomas observed..Meanwhile, the State, represented by Advocate General Gopalakrishna Kurup, defended the commission's formation by arguing that it is only a fact finding body. "The Judicial commission of inquiry is just a fact finding commission to bring light on the issues faced by the people on the Munambam land dispute and inform the government about the same," he said. .On the other hand, the petitioners argued that the inquiry commission was an attempt by the State to help encroachers under the pretext of ensuring their rights.The petitioners, represented by advocates TU Ziyad and PK Ibrahim, highlighted that the notification preemptively classified the occupants as bonafide occupants, even though courts have already recognised the property as waqf land.They added that the government's reasoning for interfering in the matter - that residents were unable to pay property tax due to the waqf board's registration of the land - was flawed.“The concern of the government is that the encroachers are unable to pay tax. Just for the purpose of receiving tax, can the government set up a Judicial Commission of Inquiry?” the petitioners' counsel contended. .The dispute concerns land in Munambam, which originally measured 404.76 acres but has been reduced to around 135.11 acres due to sea erosion.In 1950, the land was gifted to the Farook College by one, Siddique Sait. However, the land was already home to several people, who continued occupying the land, leading to legal battles between the college and the long-time occupants.Later, the college sold portions of the land to these occupants. These land sales failed to mention that the property was waqf land.In 2019, the Kerala Waqf Board formally registered the land as waqf property, making the earlier sales void. This triggered opposition from residents, who faced eviction.In response to growing protests from around 600 families, the Kerala government appointed an inquiry commission in November 2024, led by former High Court judge, Justice CN Ramachandran Nair, to recommend solutions..Meanwhile, an appeal challenging the State Waqf Board's decision to classify the Munambam land as a waqf is pending before a waqf tribunal in Kozhikode. During yesterday's hearing, the Court observed that only this tribunal can now settle the conflicting claims over the nature of the Munambam land."Commission cannot come to a conclusion that it’s a gift deed or waqf deed. Even I will not pass such an order. It’s not proper for any (other) authority—it’s for the tribunal to decide when it’s pending before it," Justice Thomas observed..The Court also heard arguments made on behalf of the Farook College. Representing the college, Senior Counsel KI Mayankutty Mather said that the land in question was never a waqf property and that it was only a gift deed. He added that it was the college's managing committee that decided to dedicate the land for educational purposes.However, the Court was not persuaded by this stance. "Is it open for you to argue that here, when there is already a finding saying that it’s a waqf deed? Can I consider it now? No, I cannot, and no, you cannot. You can go to the tribunal, right?" Justice Thomas remarked. The matter will be heard next on February 6. .[Read Live Coverage]