Munambam land dispute: HC stays order quashing state-appointed Inquiry Commission

Kochi: The Kerala High Court stayed a single bench order on Monday that set aside the State Government’s appointment of an Inquiry Commission to address the long-standing land ownership dispute between residents of Munambam and the Waqf Board.

A division bench comprising Chief Justice Nitin Jamdar and Justice S Manu issued the interim stay while hearing the State’s appeal against the March 17 verdict. The earlier judgment had invalidated the State’s decision to constitute the Commission, which was tasked with exploring a “permanent solution” to the contentious land issue.

The matter is scheduled for further hearing on June 16. Until then, the State has been directed not to implement any recommendations made by the Commission without the Court’s prior permission.

In its appeal, the State contended that even if the land in question is deemed Waqf property, it does not preclude the government from intervening to defuse a situation that has escalated into public protests and raised law-and-order concerns. The government argued that the Commission was only mandated to gather information, not adjudicate ownership or title, and that any legal implications would arise only if the Government acted upon the Commission’s findings.

During Friday’s hearing, the division bench had also orally noted that the key legal questions include whether the petition before the single bench ought to have been filed as a writ petition or PIL, and whether the order properly examined the legal basis for quashing the Government’s action.
(With LiveLaw inputs)