Huge Setback for Pinarayi Vijayan! Kerala HC Quashes Commission in Munambam-Waqf Dispute

In a setback for the Pinarayi Vijayan-led Kerala government, the Kerala High Court on Monday struck down the appointment of an Inquiry Commission tasked with resolving a contentious land dispute between Munambam residents and the Waqf Board.

Justice Bechu Kurian Thomas ruled that the commission, headed by former judge C.N. Ramachandran Nair, was improperly constituted while the matter remains under the Waqf Tribunal’s jurisdiction, rendering the government’s move legally untenable.

The court lambasted the state for bypassing critical considerations, including the Waqf Act’s provisions, prior commission findings, and ongoing tribunal proceedings. “The government acted mechanically, without application of mind,” the judgment stated, highlighting the failure to weigh Section 40’s finality, Section 85’s jurisdictional bar, and a prior High Court ruling in Writ Appeal No. 2001/2022. Setting aside the commission’s appointment, the bench emphasized that public order concerns alone did not justify invoking the Commission of Inquiry Act at this stage.

The petition, filed by Waqf Samrakshana Vedhi, challenged the commission’s formation amid protests by Munambam residents, who allege their lands—purchased from Farook College—are wrongly classified as Waqf property, blocking tax payments and mutations. At the heart of the dispute is whether Siddhique Sait’s 1950 gift to the college intended it as Waqf land.

Justice Nair, the commission’s head, declined to comment, deferring to the state, which sources say is poised to appeal before a division bench.

The ruling intensifies scrutiny on the Vijayan government’s handling of the politically charged land row, leaving Munambam’s residents in limbo as the tribunal process drags on.