The Kerala High Court on Friday declined to pass an interim order on the request of the state government to permit the inquiry commission led by C N Ramachandran Nair, retired high court judge, to proceed with the inquiry into the Munambam land issue.
When the appeal filed by the state government, challenging the single bench’s order quashing the appointment of the commission, came up for hearing, a division bench, comprising Chief Justice Nitin Jamdar and Justice S Manu, said, “This will have to be heard in detail.”
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Advocate General K Gopala Krishna Kurup sought the permission for the commission to proceed, as an interim arrangement. He added that the government would not act on a report submitted by the commission, till further orders. In reply, the court said, “Even for consideration of this request, the court needs time.”
The Bench said it would consider the request of the AG on Thursday.
A single bench of Justice Bechu Kurian Thomas on March 17 allowed the petition challenging the appointment of inquiry commission, observing that the order of appointment of enquiry commission has to be set aside as the order was issued without any application of mind and it fails the test of law.
“As the relevant facts that ought to have been borne in mind while appointing a commission of enquiry were not considered by the government, exhibit P1 order appointing a commission of enquiry was issued without any application of mind and fails the test of law.Hence the exhibit P1 order is quashed,’ the court said
The court further said that the matter is still pending before the Wakf Tribunal.
The Kerala government has filed an appeal against the single bench’s order cancelling the appointment of an inquiry commission set up by the state to resolve the land dispute between residents of Munambam and the Waqf Board.
In its appeal, the state has argued that even if for argument’s sake it is assumed that the concerned land is Waqf, it would not affect the power of the government to consider ways and means to settle a dispute which has developed into a public protest, leading to a law-and-order problem.
The state government emphasized that the inquiry commission is merely entrusted with collecting information and it has no power of adjudication of any questions of title or dispute. It submitted that the cause of action, if any, will arise only after the Government takes any decision on the recommendations of the Commission.
Around 610 families of Munambam coastal Village in the Ernakulam district have been protesting against the claim by the Waqf board on their land.
The Munambam issue started in 2019 with Waqf board staking claim over the land citing that it was Waqf land that was donated to Farook college in Kozhikode.
