Commission appointment on Munambam land issue ‘looks like an eyewash’: Kerala High Court

The court made the observation when a petition filed by the Kerala Waqf Samrakshana Vedhi, seeking to quash the order appointing the commission.
The Kerala High Court
The Kerala High Court(File photo)
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KOCHI: The Kerala High Court on Friday observed orally that the appointment of a commission headed by Justice C N Ramachandran Nair to inquire into the Munambam land issue looks like an eyewash.

“There is no proper application of mind in the order appointing the commission. Looks like an eyewash. What is the state government’s authority to appoint the inquiry commission? In a matter that has already been concluded by a civil court judgment, and affirmed by a High Court in the appeal, can a commission of inquiry come up and arrive at a different conclusion,” asked Justice Bechu Kurian Thomas.

The court made the observation when a petition filed by the Kerala Waqf Samrakshana Vedhi, Ernakulam, seeking to quash the order appointing the commission, came up for hearing. The court adjourned the hearing to January 29. A civil court had earlier ruled that the land was Waqf property and the High Court later upheld it.

“It is a settled proposition that once the title or right of a property is settled, no other court, including the High Court, can interfere with it,” the court said, adding that if the commission is going to consider the title of the property, then it is “intruding into the rights already settled”.

The commission cannot say that despite the land being Waqf property, the government can pass an order cancelling the titles of the property. If the commissions arrive at a different conclusion, “it would open a Pandora’s box”, the court stated.

HC slams govt over panel appointment

The court said the government did not exclude the waqf property from the notification. It also noted that the Waqf Commission had gone into the issue of waqf land in 2010 and its findings were approved by the government. “None of these matters had been considered while appointing the new commission.

The terms of reference of the commission did not say that the inquiry would be confined to the land other than the Waqf property. As such, the appointment of a commission to inquire into the waqf property will affect the rights of the parties concerned,” it observed.

“What is your (government’s) authority to appoint a commission? If you had excluded the waqf property, you probably may have a right,” said the court.

The court said it could understand if the government order constituting the commission indicates that the panel would investigate land in Munambam other than the 104 acres of waqf land, which had already been covered by a civil court and the High Court orders. To this, the government pleader replied that it is only a fact-finding authority.

The court asked whether the fact-finding authority can go into a fact that was already concluded by a court of law. “There is no exclusion in the order or confinement of this inquiry only to the land other than the Waqf property. That will affect the rights of the parties,” said the court.

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