In a recent judicial development, the Kerala High Court has issued a stay on the previous order by a single judge that nullified the appointment of a judicial commission to investigate the Munambam land dispute. This interim order, passed by a Division Bench led by Chief Justice Nitin Jamdar and Justice S Manu, allows the commission to continue its operations pending a further review scheduled for June after the court’s summer vacation.
The state government had appealed against the single-judge’s decision made on March 17, arguing that the commission was crucial for resolving the ongoing land ownership conflicts in the Munambam area. With the High Court’s latest ruling, the commission, headed by former acting Chief Justice of the Kerala High Court Justice C N Ramachandran Nair, has been permitted to temporarily resume its activities.
Kerala Law Minister P Rajeev responded to the court’s decision with approval, stating, “As a result of this order, the commission can now function and the government will move forward with the necessary procedures.” He highlighted the setbacks caused by the initial order, which had halted the commission’s work, adding that “the commission did not get adequate time to complete its task and now it will resume its operation.”
The judicial commission was established by the state government in November last year to ascertain land ownership in the disputed areas of Cherai and Munambam in Ernakulam district. This was in response to claims from local residents that the Waqf Board was unlawfully asserting rights over their land, despite evidence of registered deeds and land tax payments.
The commission’s mandate has been described by the state as purely fact-finding, lacking any jurisdiction to adjudicate on title disputes. This clarification came amidst challenges from the Kerala Waqf Samrakshana Vedhi of Ernakulam, which questioned the legality of the state’s decision to establish the commission.
