The Kerala High Court has annulled the state government’s order appointing a commission, led by former acting Chief Justice of the Kerala High Court, Justice C.N. Ramachandran Nair, to investigate the Munambam Waqf land issue. This decision marks a significant setback for the state government.
Justice Bechu Kurian Thomas observed that the government had issued the order without proper evaluation, acting mechanically in the process. The court noted that neither the explanatory note nor the order clarified why the issue of land ownership had become a matter of public significance. Although the government’s counter-affidavit claimed that public protests and agitation had amplified the issue’s importance, the court pointed out that this reasoning was absent in the official order.
The court acknowledged that the government has the authority to gather information in response to public concerns. However, since related matters were already under consideration by the Waqf Tribunal, invoking the Commission of Inquiry Act at this juncture was deemed inappropriate. The court emphasized that a commission of inquiry does not possess the authority to determine land ownership disputes, as it is neither a judicial nor a quasi-judicial body. Additionally, the commission’s terms of reference did not empower it to establish whether the land in question was Waqf property.
The commission was tasked with examining the nature, extent, and status of land under old survey number 18/1 in the former Vadakkekara village of erstwhile Travancore. It was also expected to propose measures to safeguard the rights of legitimate occupants and recommend government action.
The petition challenging the order was filed by the Kerala Waqf Samrakshana Vedhi, Ernakulam. The petitioner argued that the government lacked the authority to appoint a Commission of Inquiry to reassess facts already confirmed by civil and High Court rulings, which had established the land as Waqf property. It was contended that the government had no duty to protect encroachers or legitimize illegal occupation, nor should trespassers be allowed to pay land tax.
In defense, the government asserted that the commission was purely a fact-finding body with no power to enforce its recommendations. It stressed that the commission was not meant to adjudicate title disputes but merely to collect relevant information to assist government decision-making.
On January 24, the High Court had questioned the government’s authority to set up the commission, calling the move an "eyewash." The government, however, maintained that the commission’s appointment was in the public interest and would not impact any party, including the petitioners. It argued that legal objections would be valid only if the government acted upon the commission’s findings.
The government also highlighted that 404.76 acres of land under old survey number 18 in Vadakkekara village had been transferred to the Farooq College Managing Committee, which later executed registered documents in favor of third parties. Over time, these third parties transferred their rights to others, leading to the settlement of multiple families in the area. Following a request from the Kerala State Waqf Board, revenue authorities halted the collection of land tax from those occupying the property, triggering public protests.
In response to rising concerns, the government convened a high-level meeting on November 22, chaired by the Chief Minister. The recommendations from this meeting were reviewed by the Council of Ministers, which subsequently decided to appoint the commission. The government maintained that the commission was intended to serve the public interest and was not an attempt to override any court ruling.
