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Munambam land issue: Kerala HC strikes down state govt order appointing inquiry commission

The Kerala High Court on Monday set aside a state government order appointing an inquiry commission to find a permanent solution in the dispute between the Munambam residents and the Waqf board.

Munambam land issue: Kerala HC strikes down state govt order appointing inquiry commission

(File Photo)

The Kerala High Court on Monday set aside a state government order appointing an inquiry commission to find a permanent solution in the dispute between the Munambam residents and the Waqf board.

A single bench of Justice Bechu Kurian Thomas allowed the petition challenging the appointment of an inquiry commission, observing that the order of appointment of an inquiry commission has to be set aside as the order was issued without any application of mind, and it fails the test of law.

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“As the relevant facts which ought to have been borne in mind while appointing a commission of inquiry were not considered by the government, exhibit P1 order appointing a commission of inquiry was issued without any application of mind and fails the test of law. Hence, the exhibit P1 order is quashed,” the court said.

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The court further said the matter is still pending before the Waqf Tribunal.

The petition was filed by the Waqf Samrakshana Samithy( Waqf protection forum), challenging the appointment of an inquiry commission headed by former Kerala High Court Judge CN Ramachandran Nair.

The Kerala government on 27 November 2024 appointed Justice CN Ramachandran Nair headed inquiry commission to ” find a permanent solution with respect to the dispute between the residents of Munambam and the Waqf board”.

Around 610 families of Munambam coastal Village in Ernakulam district have been protesting against the claim by the Waqf board on their land.

The Munambam issue started in 2019 with the Waqf board staking claim over the land, citing that it was Waqf land that was donated to Farook College in Kozhikode. In 2022, they were told they could not pay land tax on their property. Following this, the Kerala government intervened and allowed them to pay tax. However, the Kerala High Court stayed the government order allowing the families to pay the tax in a petition moved by the Waqf Samrashana Samithy ( Waqf Protection Forum).

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