The Kerala High Court has raised concerns about the legitimacy of a State-appointed Commission investigating the ongoing land dispute in Munambam between the local citizens and the Waqf Board. The court examined a petition filed by the Kerala Waqf Samrakshana Vedhi, a body that defends Waqf properties in the state, which objected to the formation of this Commission. The issue stems from a 1968 civil court decision that declared the disputed 104-acre land as Waqf property, a judgment upheld by the Kerala High Court in 1975.
The State government had set up the Commission to resolve disputes over the ownership rights to this land. However, the court questioned whether a Commission could override judicial determinations and reopen a matter that had been conclusively settled by the civil court. The central concern was the potential of this Commission to unsettle a long-standing legal matter that had already been decided by courts.
Justice Bechu Kurian Thomas, while hearing the case, expressed skepticism about the Commission's ability to revisit a matter that had already been adjudicated in courts. The court raised the question whether a Commission could reach a different conclusion than that of the civil court, suggesting this could create significant legal uncertainty.
The petitioner emphasized that the 104-acre land, recognized as Waqf property by both the civil and appellate courts, is beyond the purview of the Commission's inquiry. The court seemed to lean towards granting the interim relief requested by the petitioner, indicating that it was inclined to stay the appointment of the Enquiry Commission with regard to the land in question.
The ongoing case has sparked significant legal debate, particularly regarding the powers of the State government and the role of commissions in revisiting court rulings. The court’s decision on whether to stay the Commission’s proceedings will be made following further hearings. The matter is set for continued hearings, which may shape the legal landscape regarding land disputes involving Waqf properties in Kerala.
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