In a major development in the Munambam waqf land dispute, the Kerala High Court on Monday stayed a single-judge bench’s order that had quashed the state government’s appointment of a judicial commission to probe the matter. The case involves nearly 600 families, mostly from the fishing community, who are facing possible eviction after the land they live on was classified as waqf property.
The division bench comprising Chief Justice Nitin Jamdar and Justice S Manu passed the interim stay while hearing an appeal filed by the Kerala government against the March 17 order of Justice Bechu Kurian Thomas. The earlier ruling held that the state had no authority to form a judicial commission to investigate matters falling under the purview of the Waqf Act.
Munambam dispute
At the core of the dispute is a 135-acre stretch in Munambam, near northern Kochi, originally spanning over 400 acres but reduced due to sea erosion. The land was gifted in 1950 by one Siddique Sait to Farook College. However, it was already inhabited by numerous families. Over the years, the college sold portions of the land to residents without disclosing that it was waqf land.
In 2019, the Kerala Waqf Board officially registered the land as waqf, effectively invalidating previous property transactions. This triggered widespread protests from the residents, who now fear mass eviction.
Responding to the crisis, the Kerala government appointed a judicial commission in November 2024, led by former High Court judge Justice CN Ramachandran Nair, to examine the rights of the affected families and suggest possible solutions.
However, the move was legally challenged by the Waqf Samrakshana Samithi (Waqf Protection Committee), which argued that the commission lacked legal standing as the state had no jurisdiction over waqf matters. The single-judge bench had agreed, stating that disputes related to waqf land must be adjudicated by the Waqf Tribunal.
During the appeal, the state government argued that the petitioners lacked locus standi and that the single-judge order failed to consider the humanitarian aspect of the issue. The state contended that the commission was formed to address the rights and rehabilitation of long-standing occupants, not to interfere with religious or waqf matters.
With the stay now in place, the judicial commission’s work may resume, offering a glimmer of hope to the families living under the threat of eviction.
