Kerala High Court Quashes State’s Order on Judicial Commission for Munambam Land Dispute

In a significant ruling, the Kerala High Court on Monday overturned the state government’s decision to establish a judicial commission to probe the contentious land dispute in Munambam. The court criticized the government for its lack of due diligence in appointing the commission, which was to be led by former acting Chief Justice of the Kerala High Court, Justice C N Ramachandran Nair.

The bench pointed out that the government had acted “mechanically” and without genuine consideration, stating that the establishment of the commission served no public interest and was thus illegal. Additionally, the court noted the government’s failure to justify the necessity of the panel, which was originally set up in November of the previous year to determine land ownership in the disputed area.

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The order to appoint the commission was challenged in the High Court by the Kerala Waqf Samrakshana Vedhi, Ernakulam, leading to this judicial review.

In response to the court’s decision, V D Satheesan, Leader of the Opposition, expressed his disapproval of the state’s approach to the Munambam issue. “The government has intentionally delayed a matter that could have been resolved in 10 minutes to create tension between two communities,” he remarked during a press conference in Thiruvananthapuram.

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Following the High Court’s ruling, the Bharatiya Janata Party (BJP) called for a legislative approach to resolve the dispute permanently. V Muraleedharan, BJP leader and former Union Minister, advocated for amendments to the Waqf Bill. He appealed to both the opposition United Democratic Front (UDF) and the ruling CPI(M)-led Left Democratic Front (LDF) to support these amendments in Parliament, aligning with the interests of Munambam’s residents.

The dispute has deeply affected the local communities in the Cherai and Munambam villages of Ernakulam district, where residents have reported unlawful claims made by the Waqf Board on their lands and properties. These claims are contested by the residents who possess registered deeds and land tax payment receipts.

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