The Supreme Court on Friday stayed the Kerala High Court’s finding that the Munambam land in Ernakulam district was not waqf property [Kerala Waqf Samrakshana Vedhi (Registered) v. State of Kerala & Ors.]. .Pertinently, the Bench of Justices Manoj Misra and Ujjal Bhuyan also ordered that that the current status of the land be maintained till the next date of hearing on January 27, 2026. The Court clarified that while the High Court’s declaration will remain stayed, the inquiry commission headed by former judge Justice CN Ramachandran Nair can continue to function.“Issue notice returnable in 6 weeks. List on January 27. In the meantime, the declaration in the impugned order that the property in question was not subject matter of Waqf shall remained stayed and status quo as regards the same shall be maintained till the next date of hearing. It is made clear that we have not stayed the inquiry," the Court directed..The Court passed the interim order while hearing a plea filed by the Kerala Waqf Samrakshana Vedhi against the High Court verdict.The High Court had upheld the State government’s appointment of an inquiry commission to examine the rights of over 600 families facing eviction from the land.The case concerns around 135 acres of land in Munambam, originally gifted in 1950 by one Siddique Sait to Farook College. Although the land was occupied by local families at the time, the college later sold portions of it to residents.In 2019, the Kerala Waqf Board registered the land as waqf property, rendering the earlier sales invalid. This led to widespread protests by the residents, who feared eviction. The matter was taken before the Kozhikode Waqf Tribunal, where the Board’s decision is under challenge.As tensions grew, the Kerala government in November 2024 appointed an inquiry commission led by Justice Ramachandran Nair to find a solution to the dispute. Members of the Kerala Waqf Samrakshana Vedhi then approached the High Court, arguing that the State had no authority to intervene in matters governed by the Waqf Act.A single-judge of the High Court agreed with this view and quashed the commission, ruling that the government’s intervention was beyond its powers. However, the decision was overturned by a Division Bench in October 2025, which upheld the State’s order and went on to observe that the Kerala Waqf Board’s 2019 registration of the land as waqf was “bad in law.”The Division Bench also remarked that the notification of the land as waqf amounted to a “land-grabbing tactic” by the Board and noted that the 1950 deed was a gift deed, not a waqf deed..The Kerala Waqf Samrakshana Vedhi the approached the Supreme Court by way of the present plea contending that the High Court had overstepped its jurisdiction by making findings on whether the property was waqf - an issue pending before the Waqf Tribunal. It also argued that the High Court’s ruling effectively legitimised executive overreach by allowing the State to interfere in a matter subject to statutory adjudication..After hearing brief submissions, the Supreme Court today issued notice to the State and directed that status quo be maintained regarding the property till January 27 next year. However, the Bench clarified that Justice Ramachandran Nair Commission may continue with its inquiry in the meantime..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
