Munambam is not Waqf land, Kerala HC rules

In a big relief to around 600 families—mostly from the fishing community—the Kerala High Court on Friday ruled that the land they inhabit at Munambam, is not Waqf property, rejecting the Kerala Waqf Board’s 2019 declaration. A Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. held that the 1950 endowment deed in question did not create a permanent religious dedication in favour of the Almighty, and therefore could not be considered a valid waqf deed under the Waqf Acts of 1954, 1984, or 1995.The court held that the Kerala Waqf Board's (KWB) decision to declare the land as waqf property in September and October 2019 was "bad in law", citing unreasonable delay and blatant violation of statutory provisions.
The bench warned that if such arbitrary declarations were allowed to stand, any structure— including national monuments or government buildings like the Taj Mahal, Red Fort, Niyama Sabha Mandiram (Kerala Legislative Assembly), or even the High Court itself—could be misclassified as waqf property, merely on the basis of old documents."The Court, obligated to act under the Constitution, especially in a secular country like India, cannot permit such a belated and fanciful exercise of power," it observed.This conduct, the Court held, amounted to "land grabbing tactics", directly impacting the fundamental rights and livelihoods of hundreds of citizens. The court noted that the Waqf Board’s declaration was unilateral and non-speaking, made without hearing affected residents—only after hearing Farooq Management behind closed doors.
The Kerala Region Latin Catholic Council(KRLCC) President Archbishop Varghese Chakkalakal. KRLCC described this verdict as a victory for the people of Munambam, their righteous struggle, and the justice system in protecting fundamental rights. KRLCC praised the Kerala government for filing an appeal against the Single Bench order, which had questioned the appointment of the Justice Ramachandran Nair Commission, set up by the government to protect the revenue rights of the Munambam people and to resolve the issue permanently, resulting in a favourable verdict for the people of Munambam.