Kerala High Court allows Munambam residents to remit land tax on disputed property

In a significant relief to residents of Munambam who are embroiled in a land dispute with the Kerala Waqf Board, the Kerala High Court on Wednesday allowed the residents to remit land tax on the disputed land and directed revenue officials to receive such taxes from the residents [The Bhoo Samrakshana Samithy & ors v The District collector & ors and connected cases]

Justice C Jayachandran passed the interim order while considering a batch of petitions including one filed by the Bhoo Samrakshana Samithy and several other affected residents who were not allowed to pay their taxes due to the ongoing dispute with the Kerala Waqf Board.

The petitioners moved the Court contending that despite living on the land for decades and possessing a clear title through a registered gift deed, the village office refused to receive land tax citing objections from the waqf board.

They added that according to the records, the land was a gift to Farook College for the development of the college and had never been registered as waqf property.

The petitioners highlighted that over the years, the property was sold by the college management to the families currently residing on the land, many of whom had built residential houses after obtaining building permits from competent authorities.

However, the refusal of the revenue department to accept land tax was causing them significant hardships.

"The petitioners have got absolute title over the properties and they are even now paying tax as per the earlier sale deeds. However, the Village Officer is refusing to accept the tax of respective properties on the reasoning that the Wakf Board raised claim over the properties. What is required is to accept tax in respect of the properties and other related activities, such as mutation, transfer, mortgage etc, which cannot be denied by the authorities," the petition added.

The Court after considering the arguments granted relief to the residents,

Advocates OD Sivadas and Vinaya V appeared for the Bhoo Samrakshana Samithy

The Munambam land dispute centres around the coastal property, originally measuring 404.76 acres, now reduced to around 135.11 acres due to sea erosion.

In 1950, Mohammed Siddique Sait gifted the land to Farook College, but several families were already living on the land and continued occupying it, leading to legal battles between the college and the long-time occupants.

Over time, the college sold portions of the land to these residents, but the sale deeds did not mention that the land was waqf property.

In 2019, the Kerala Waqf Board formally registered the entire land as waqf property, making earlier sales void and triggering widespread protests among families residing in the land who faced possible eviction.

Residents challenged the State Waqf Board's decision to classify the Munambam land as a waqf  property before a waqf tribunal in Kozhikode.

Amid rising public unrest, the State government appointed a commission in November 2024, headed by former Justice CN Ramachandran Nair, to suggest solutions.

This commission was later quashed by a High Court single judge's order in March 2025, holding that the government had no statutory power to inquire into waqf properties.

However, in October 2025, a Division Bench of the High Court overturned the same.

An appeal filed against the same by Kerala Waqf Samrakshana Vedhi is pending before the Supreme Court.