KOCHI: The state government has categorically stated that the Justice Ramachandran Nair Commission, appointed to look into the Munambam land dispute, is neither a judicial nor quasi-judicial body, and has no power to enforce its own recommendations.
The commission is only a fact-finding authority, and has no power to adjudicate on questions of title or disputes. The report that the commission would compile is intended solely to provide the government with material to act upon, the government said.
The government filed the statement in the High Court in response to a petition filed by the Kerala Waqf Samrakshana Vedhi, Ernakulam, challenging the state government’s order appointing the commission.
The petitioner argued that the state government has no power or authority to appoint a Commission of Inquiry to find a fact contrary to the one already found existing by a civil court and the High Court. The courts had found that the land was a Waqf property.
On January 24, the High Court questioned the authority of the government in appointing the commission and orally observed that the decision “looked like an eyewash”.
Refuting the allegations in the petition, the state said the commission is required to enquire and make a report on the specific Terms of Reference. No prejudice whatsoever will be caused to anyone, including the petitioners, consequent to the appointment of the commission, it stated.
“The cause of action of the petitioners will arise, if at all any, when the government decides on the recommendations to be submitted by the commission on the Terms of Reference issued to it,” the government said.