KOCHI: In a major setback for the state government, the Kerala High Court has quashed the order appointing a commission led by former acting Chief Justice of the Kerala High Court, Justice C.N. Ramachandran Nair, to inquire into the Munambam land issue.
Justice Bechu Kurian Thomas observed that the government had issued the order without proper consideration and acted mechanically. He noted that neither the explanatory note nor the order explained how the issue of land ownership had become a matter of public importance. The government's counter affidavit claimed that public protests and agitation had given the issue significance, but the court pointed out that this was not mentioned in the official order.
The court stated that when a public order issue arises, the government has the right to gather information to decide its course of action. However, since related matters were already pending before the Waqf Tribunal, the court ruled that invoking the Commission of Inquiry Act at this stage was inappropriate. It further clarified that the commission does not have the power to decide ownership disputes and is neither a judicial nor a quasi-judicial body. The terms of reference also do not allow the commission to determine whether the property in question is Waqf land.
The commission had been assigned to investigate the nature, extent, and status of land under old survey number 18/1 of the former Vadakkekara village in the erstwhile Travancore state. It was also expected to report on ways to protect the rights of genuine occupants and suggest government measures in this regard.
The petitioner argued that the state government had no authority to appoint a Commission of Inquiry to challenge facts already established by civil and High Court rulings, which had confirmed the land as Waqf property. The petition further stated that the government had no responsibility to protect encroachers or legitimize illegal occupation. It was also contended that individuals who had trespassed on Waqf land should not be allowed to pay land tax.
In response, the government clarified that the commission had no power to enforce its recommendations and was only a fact-finding body meant to provide the government with relevant information. The government emphasized that the commission could not adjudicate title disputes and was only gathering necessary details for decision-making.
The petition challenging the government’s order was filed by the Kerala Waqf Samrakshana Vedhi, Ernakulam. On January 24, the High Court had questioned the government's authority to appoint the commission and had observed that the move seemed to be an "eyewash." The government, however, defended its decision, stating that the commission was only meant to report on specific terms of reference and that no party, including the petitioners, would be harmed by its appointment. It argued that any legal challenge would be valid only if the government acted upon the commission’s recommendations.
The government also pointed out that 404.76 acres of land under old survey number 18 in Vadakkekara village had been transferred to the Farooq College Managing Committee, which had executed several registered documents in favor of third parties. These third parties later transferred their rights to others, leading to the settlement of many families in the area. However, following a letter from the Kerala State Waqf Board, revenue authorities stopped collecting land tax from those holding the property for years. This decision led to public protests and agitation.
With growing public concern, the government convened a high-level committee meeting on November 22 last year, chaired by the Chief Minister. The recommendations from this meeting were placed before the Council of Ministers, which, after considering various factors, decided to appoint the commission. The government maintained that the order was issued in the public interest and did not intend to override any court rulings, as alleged by the petitioners.