The Kerala High Court’s declaration that the Munambam land does not qualify as a Waqf property has created an unprecedented legal dilemma within the state. This significant ruling was issued precisely when the Waqf tribunal, which is the designated legal authority for deciding the nature of such holdings, was deeply involved in deliberating the very same case.
The High Court delivered its judgment on Friday, merely a day after the tribunal had reserved its decision on four petitions submitted by Munambam residents. These petitions sought to excuse delays in challenging the Kerala Waqf Board’s (KWB) earlier registration of the Munambam holdings as Waqf land. The Waqf tribunal is scheduled to announce its verdict on these condonation pleas on October 24.
Despite the High Court’s recent pronouncement, the tribunal is legally obligated to proceed with its own hearings and deliberations in the case. This is because the tribunal remains the sole jurisdictional body empowered to rule on the registration of Waqf properties and all related issues.
While the High Court’s bench determined that the KWB failed to adhere to proper legal procedures when designating the property as a Waqf, it refrained from nullifying the registration itself. This is a power reserved exclusively for the tribunal. However, legal experts suggest that the High Court’s findings will undoubtedly influence the tribunal’s forthcoming decisions.
The High Court’s conclusions emerged from an appeal filed by the state government. This appeal contested a single judge’s previous decision, which had invalidated the appointment of the C.N. Ramachandran Nair commission to investigate the Munambam matter. Crucially, the High Court’s ruling was not a review of any existing tribunal orders. This intervention by the High Court in a matter actively being heard by the tribunal has placed the latter in a delicate and challenging legal position, according to judicial sources.
In the wake of the court’s order, leaders representing the action council and various church organizations have demanded that the revenue rights of Munambam residents be reinstated.
Meanwhile, the state government is proceeding cautiously on the issue, especially with local body and Assembly elections approaching. The Munambam controversy has, by now, taken on clear communal undertones.
A meeting convened by the Chief Minister in Thiruvananthapuram on October 13 will address the commission’s recommendations in light of the High Court’s verdict. A statement from the Law Minister’s office indicated that leaders of the action council met with Law Minister P. Rajeeve to express their appreciation for the government’s efforts to resolve the situation.
Nevertheless, it appears the legal battle over the Munambam land is far from resolved. Both the KWB and the Kerala Waqf Samrakshana Vedi, an organization advocating for the return of what it considers alienated Waqf holdings, have announced their intention to challenge the High Court’s order in the Supreme Court. Sources reveal that a KWB meeting on October 14 is planned to discuss this next step.