Kerala HC Allows Probe Commission To Proceed
The HC specified that any recommendations submitted by the commission during this period must not be acted upon until the legal process is complete.
Ernakulam:
The commission, which was constituted to identify those currently in possession of the land, can continue its work while the appeal filed by the state government is pending and is scheduled to be heard in June, after the court's summer recess.
The Kerala High Court has allowed the Justice C N Ramachandran Nair Commission to proceed with its probe into land ownership claims in the Munambam region of Ernakulam. The court also stayed an order issued by a single bench, qaushing the panel's operations.
The state government argued that the commission was established not to determine the religious status of the land — such as whether it is Waqf property — but to support individuals and communities by clarifying possession-related issues.
The HC, however, specified that any recommendations submitted by the commission during this period must not be acted upon by the government until the legal process is complete.
The government emphasised that the panel plays a crucial role in addressing disputes that could otherwise lead to law and order problems. The Munambam region, which is mostly occupied by the fishermen community, was in the middle of the eviction crisis.
More About The Dispute
Amid the tussle, the college sold parts of the land to some of the families without disclosing that the land was Waqf property. In 2019, the Kerala Waqf Board formally registered the land as waqf, rendering the earlier sales deeds null and void, which has been opposed by the residents, as they are facing the possibility of eviction. The issue prompted the Kerala government to appoint a judicial commission led by former High Court judge Justice CN Ramachandran Nair in November 2024 to examine the rights of the affected families and suggest solutions.
The case came to the fore after nearly 400 acres of land in Munambam were reduced to about 135 acres due to sea erosion. The property was gifted by a man named Siddique Sait to Farook College in 1950, but it was already occupied by several families, leading to a legal battle between the college and the residents.
Justice Ramachandran Nair, who heads the commission, told reporters that operations would resume immediately and that the final report is expected to be submitted by the first of May. Advocate General K. Gopalakrishna Kurup, appearing for the state, stated that resolving conflicts between different groups is a constitutional duty of the government and that the commission was formed with this in mind. He also stressed that public interest was at the core of the government's decision.
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