The Kerala High Court declaring the Munambam land not a Waqf property has led to an unprecedented legal quandary in the State, as the decision has come at a time when the Waqf tribunal, the appropriate legal forum to decide the nature of the holding, was actively considering the case.
The judgment came on Friday, one day after the tribunal posted four petitions of Munambam residents for condoning the delay in challenging the Kerala Waqf Board’s (KWB) registration of Munambam holdings as a Waqf for orders. The Waqf tribunal will pronounce its decision on condonation petitions on October 24.
Notwithstanding the High Court decision, the tribunal will have to go ahead with its proceedings in the case, as it is the only jurisdictional forum to decide on the registration of the Waqf and related matters.
The Bench, which held that the KWB had not complied with the legal formalities in declaring the holding as a Waqf, did not strike down the registration as only the tribunal can decide on the issue. At the same time, the findings of the High Court may leave a definite impression on the decisions of the tribunal, say judicial sources.
The findings of the Bench have come on an appeal filed by the State government challenging the decision of the single judge, which struck down the appointment of the C.N. Ramachandran Nair commission on the Munambam issue and not on any review petitions against the orders of the tribunal. The High Court decision on a matter pending before the tribunal has pushed the agency into a precarious legal position, sources say.
Meanwhile, leaders of the action council and various church groups have demanded restoration of the revenue rights of the Munambam residents in the wake of the court order.
On its part, the government is treading a careful path on the issue as the local body and Assembly polls are round the corner, and the Munambam controversy has attained communal overtones.
The Chief Minister will hold a meeting in Thiruvananthapuram on October 13 to decide on the recommendations of the commission following the court verdict. The action council leaders met Law Minister P. Rajeeve to express gratitude for the steps taken by the government to address the issue, said a communication from the Minister’s office.
At the same time, it appears that the legal battle over the Munambam land is far from over as the KWB and the Kerala Waqf Samrakshana Vedi, which is campaigning for the restoration of what it terms as alienated Waqf holdings, have decided to challenge the High Court order in the Supreme Court. A meeting of the KWB on October 14 will discuss the issue, sources indicated.
Published – October 11, 2025 08:14 pm IST
