Kerala High Court defends Munambam residents in dispute with Waqf Board
The court ruled that the land is a private donation, not religious property, squashing the Waqf Board’s attempt, in 2019, to claim the area as a religious asset, creating uncertainty for more than 600 Catholic families who had legally purchased the land. The court called the Board's action a “land-grabbing tactic”, clarifying that the state is not bound by its orders. The Archbishop Chakkalakkal of Calicut calls for the full restoration of property rights.
Kochi (AsiaNews) – The Kerala High Court has harshly criticised the Waqf Board for classifying land in Munambam, in the southern state of Kerala, as waqf property, calling the action a “land-grabbing tactic”.
The decision brought relief to hundreds of families who had been protesting the loss of their property rights for over a year.
According to the ruling, the disputed land is not a waqf (religious asset) property, but a gift granted in 1950 by Mohammed Siddique Sait to Farooq College, an educational institution in Kozhikode.
The court clarified that the original deed is a private donation (gift deed), and not a deed of religious dedication (waqf deed).
While not formally annulling the Waqf Board's order, the court ruled that the state is not bound by it, effectively declaring the latter’s claim ineffective.
The controversy broke out after the Kerala State Waqf Board claimed the property as waqf land in 2019, nearly 69 years after the original donation, creating legal uncertainty for approximately 610 families living in Munambam and Kadappuram, who had legally purchased the land.
The delay, the Court emphasised, represents a "total farce" and an abuse of the powers conferred by the Waqf Act.
The original land, approximately 404 acres, has since shrunk due to coastal erosion and siltation.
In 2009, a state commission of inquiry, the Nissar Commission, had already reported irregularities in the management of the land transferred from Farooq College, but without reaching a conclusion.
The case flared up again in 2022 when the Waqf Board attempted to assert its claim, arguing that the 1950 donation constituted a deed of dedication as a religious endowment.
The Kerala Region Latin Catholic Council (KRLCC) welcomed the Court's decision.
“It is unequivocally clear from the provisions of the Waqf Act that existed at the time when the land was acquired by Farook College and the contents of the legal document for transfer that the land in question is not waqf land,” said KRLCC general secretary Fr Thomas Tharayil.
The money raised by selling off the land, which was donated to Farook College, was used by the institution for educational purposes, Father Tharayil added.
KRLCC community spokesperson Joseph Jude said the claim that it is waqf land is irrelevant. The Waqf Board only recently came forward to claim the land without following and implementing the provisions of the Waqf Act of 1954.
Under Indian law, land declared waqf becomes an inalienable religious asset, administered by a mutawalli under the supervision of the Waqf Board.
In this case, owners or residents would no longer be able to sell, inherit, or register the land.
Houses built on the area could have been considered illegal occupations and subject to eviction, while the state would have been required to recognise religious jurisdiction over the property.
The Court thus prevented a potential mass expropriation and reaffirmed that, in the absence of legal evidence in accordance with the Waqf Act, the Board's decisions are not binding on the state administration.
After the decision, the Archbishop Varghese Chakkalakkal of Calicut called on the Kerala government to immediately restore the rights of the Munambam people.
The ruling brought great joy to the more than 600 families who had been protesting for months, demanding the reinstatement of their land rights.
Residents gathered at the Velankanni Matha Church in Kadappuram, where they celebrated the victory by sharing sweets.
"Justice is served," said Joseph Benny, coordinator of the Munambam Land Protection Council.
According to him, the residents had lost their property rights on 13 January 2022, and had since sought help from every source.
“We knocked on all doors seeking help. However, when we didn’t get any, we launched a relay hunger agitation on October 13, 2024. With only days left for the completion of a year of agitation, the verdict arrived like a God-send gift,” he explained.
Benny also noted that Kerala Industries Minister P Rajeeve called a meeting with members of the movement's central committee for Saturday.
“Members of our core committee will meet him and then come up with further decisions based on the talks with the minister,” Benny explained, highlighting how the residents can now look forward to the early restoration of their rights.
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