NEW DELHI/KOCHI: The Supreme Court of India on Friday stayed the operative part of a Kerala High Court judgment which had declared the disputed 404.76-acre property in Munambam, Ernakulam district, was not a Waqf land. The apex court has directed that status quo regarding the property be maintained until the next hearing, scheduled for the week commencing January 27, 2026.
Thank you for reading this post, don't forget to subscribe!A bench of Justices Manoj Misra and Ujjal Bhuyan issued notice to the Kerala Government and other parties on a Special Leave Petition (SLP) filed by the Kerala Waqf Samrakshana Vedi challenging the High Court’s October 2025 verdict.
Key Directives from the Supreme Court
The bench’s interim order contains two crucial clarifications:
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Stay on ‘Not Waqf’ Declaration: The declaration in the High Court’s impugned judgment that the property in question is not the subject matter of Waqf shall remain stayed.
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Inquiry Commission to Continue: The Supreme Court has not stayed the High Court’s separate observation that upheld the State Government’s decision to appoint a one-member Commission of Inquiry to examine the status and extent of the disputed land. This means the Justice C.N. Ramachandran Nair Commission can continue its investigation.
Justice Misra orally remarked during the hearing, “It appears that the High Court has gone far beyond its remit,” questioning the High Court’s jurisdiction to rule on the character of the land when the matter is explicitly within the domain of the Waqf Tribunal.
Background of the Munambam Land Dispute
The controversy centres on a large tract of land, estimated to be around 404 acres, which was originally transferred in 1950 by one Mohammed Sidhique Sait to the Farook College Managing Committee.
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1950 Deed: The original deed was executed in favour of the College for educational and charitable purposes.
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Subsequent Sales: Over the decades, the College alienated portions of this land to various individuals, many of whom are currently poor fishermen and local families who built homes and acquired legal title deeds. An estimated 600 families reside on the land.
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2019 Waqf Declaration: The dispute escalated in 2019 when the Kerala Waqf Board unilaterally classified the land covered by the 1950 deed as Waqf property, interpreting the original document as a Waqf deed rather than a gift deed. This declaration immediately invalidated the subsequent sales and led to widespread protests by the resident families fearing eviction.
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High Court Verdict: The State Government appointed an Inquiry Commission to look into the dispute. While an initial Single Judge quashed the Commission, a Division Bench on the State’s appeal reinstated it. Crucially, the Division Bench went on to declare the land was not Waqf property, terming the Waqf Board’s 2019 registration as “bad in law” and a “land-grabbing tactic.”
Petitioner’s Contention
Senior Advocate Huzefa Ahmadi, appearing for the petitioner (Kerala Waqf Samrakshana Vedi), argued that the High Court had overstepped its jurisdiction. He submitted that the original petition before the High Court was only a challenge to the constitution of the State’s inquiry commission.
He stressed that matters concerning the interpretation of the endowment deed and the validity/nature of the Waqf property are exclusively within the domain of the Waqf Tribunal as per the provisions of the Waqf Act, 1995.
Senior Counsel representing the local residents and the Kerala Government opposed the plea, highlighting that the residents were not heard before their properties, under long-time occupation, were suddenly notified as Waqfs.
What this Means
The Supreme Court’s order ensures a temporary relief for the Waqf Board and the petitioner by restoring the possibility of the land being Waqf property, a status now subject to the final determination of the Waqf Tribunal. Simultaneously, it allows the State’s Inquiry Commission to continue its work, which is aimed at safeguarding the interests of the thousands of bona fide landholders in the Munambam region. The legal battle over the character and ownership of the Munambam land is far from over and will now be closely watched ahead of the January 2026 hearing.
