The Kerala High Court on Monday stayed a single-judge order that had quashed the appointment of the Justice CN Ramachandran Nair Commission, formed by the State government to examine the rights of around 600 families facing eviction from land in Munambam after it was declared Waqf property.
A division bench comprising Chief Justice Nitin Jamdar and Justice S Manu passed the stay order on Monday while hearing an appeal filed by the State government. The appeal challenged the earlier decision by Justice Bechu Kurian Thomas delivered on March 17, which had struck down the government’s decision to appoint the commission.
Court Order
“The appeals are admitted. List the appeals for hearing on daily board from June 16, 2025,” the Bench ordered.
The Court also clarified that during the pendency of the appeal:
March 17 judgment will remain stayed.
The report submitted by the Justice Ramachandran Nair Commission will not be acted upon without prior permission from the court.
Background Of The Dispute
The land in question, located in Munambam, originally measured 404.76 acres but has been reduced to 135.11 acres due to sea erosion. The land was gifted in 1950 to Farook College by one Siddique Sait. However, the area was already inhabited by several families, leading to prolonged legal disputes between the college and the residents.
Over the years, the college sold portions of the land to some of these residents. However, the sales did not mention that the property was waqf land.
In 2019, the Kerala Waqf Board registered the land as waqf property, effectively making earlier sales to residents legally void. This move sparked widespread protests from affected families who now face eviction.
Formation & Quashing Of Commission
In response to mounting public pressure, the Kerala government appointed an inquiry commission in November 2024, led by former High Court judge Justice CN Ramachandran Nair, to examine the rights of the residents and recommend a solution.
However, the Kerala Waqf Samrakshana Samithi challenged this appointment in the High Court, arguing that the State government had no authority to investigate waqf matters, which are governed by the Waqf Act, 1995.
On March 17, Justice Bechu Kurian Thomas ruled in favor of the Samithi and quashed the commission, stating that the State could not intervene in waqf property disputes already being adjudicated or pending under the Waqf Act.
State Government’s Appeal
In its appeal, the State argued that the petitioners lacked legal standing (locus standi) and that the March 17 order was passed without properly considering the law and facts of the case.
The State was represented by Advocate General K Gopalakrishna Kurup.
Case Representation
Petitioners (Waqf Samrakshana Samithi): Advocates TU Ziyad, P Chandrasekhar, and Anoop Krishna
Kerala State Waqf Board: Standing Counsel Jamshed Hafiz
Residents: Senior Advocate George Poonthottam, instructed by Advocate Nisha George
Case Details
The case will now be heard daily starting June 16, 2025, and the High Court’s stay allows the Commission’s findings to remain intact, though inactive, until a final decision is made. The case continues to hold major implications for land rights and religious property laws in the State.
Read More: Supreme Court, Delhi High Court, States High Court, International
