KOCHI: The Kerala High Court on Monday granted permission to the inquiry commission, headed by former High Court judge C N Ramachandran Nair, to resume its proceedings on the Munambam land dispute.
While admitting the appeal filed by the state government challenging the single judge’s judgment quashing the order of the government appointing the commission, the bench observed, “As an interim arrangement, the commission can be permitted to continue its functioning and submit its report.” However, the court said the government cannot act on the commission’s recommendations without its permission.
A division bench comprising Chief Justice Nitin Jamdar and Justice S Manu also stayed the operation and implementation of the judgment of the single judge and posted the appeals for hearing on June 16.
Advocate General K Gopalakrishna Kurup submitted that the writ petition filed by Kerala Waqf Land Samrakshana Vedhi before the single judge had no locus standi as it was not directly affected by the land issue. The commission was only a fact-finding authority, and the report to be drawn up by it only intended to furnish the government with material to act upon. The cause of action for the petitioner would arise only when the government decides on the recommendations to be made by the commission. He said the ongoing dispute pertained to the property, and it was a definite matter of public importance.
The bench observed that nothing has been shown to it to demonstrate how the personal rights of petitioners including the Waqf Land Samrakshana Vedhi and others are affected. The inquiry conducted by the commission by itself will neither determine the legal rights of the parties concerned nor encroach upon the jurisdiction of the adjudicatory mechanism under the Waqf Act.
The mere initiation of an inquiry by the commission cannot, by itself, be construed as interfering with jurisdiction of court or tribunal, it said.