Supreme Court 
India

Apex court stays Kerala HC order on Munambam land

A two-judge bench of the apex court, comprising Justice Manoj Misra and Justice Ujjal Bhuyan, however, clarified that it has not stayed the inquiry by the C N Ramachandran Nair commission.

Suchitra Kalyan Mohanty

NEW DELHI: The Supreme Court on Friday stayed the Kerala High Court’s finding that over 400 acres of land in Munambam in Ernakulam district is not waqf property and ordered status quo on the dispute over the holdings of over 600 families.

A two-judge bench of the apex court, comprising Justice Manoj Misra and Justice Ujjal Bhuyan, however, clarified that it has not stayed the inquiry by the C N Ramachandran Nair commission.

The bench issued notice to the Kerala government while hearing a plea filed by the Kerala Waqf Samrakshana Vedhi challenging the October 10 order of the HC. “Issue notice returnable in 6 weeks.

List on January 27. In the meantime, the declaration in the impugned order (of the Kerala HC) that the property in question was not subject matter of Waqf shall remain stayed and status quo as regards the same shall be maintained till the next date of hearing. It is made clear that we have not stayed the inquiry,” the court said.

The dispute involves the villages of Cherai and Munambam where residents have alleged that the Waqf Board was unlawfully claiming their land and properties, despite them holding registered deeds and land tax payment receipts.

The Munambam Land Protection Council said that the SC order doesn’t affect them in any way. “The SC has not stayed the Judicial Commission and that is a win not only for us, but also the state government. So, the government is free to carry out any measures related to helping out the Munambam residents with respect to their revenue rights. We are able to pay our taxes and also mutation process of our lands,” said council convenor Joseph Benny.

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