Munambam waits for justice long

Munambam residents demand their land ownership. |Picture source: Hindu

tWhat he was upset was that Munambam land problem refused to die in Kerala. Instead, it has adopted a new curriculum after recent judicial intervention in this issue.

Kerala WAQF Board recently included the disputed land on the Munambam coast of Ernakulam, which is resided in the WAQF Register by approximately 600 families (mostly Christians) as WAQF property.

Residents of Munambam land have been protesting for more than 150 days, demanding the resumption of tax rights in their shares. They claimed to have purchased shares from a trust fund, and the property was reportedly awarded WAQF in 1950.

The protests were led by the congress of Christian Trust Services and were supported by Sangh Parivar costumes and some Hindu community organizations. On the other hand is Kerala Waqf Samrakshana Vedi, a Muslim clothing dedicated to restoring its estranged WAQF holdings. Sangh Parivar’s clothing also attempted to invite the state’s attention to the issue by introducing the WAQF Act Union Council’s union ministers and even members of the Joint Council Committee.

The government tried to resolve sensitive issues by appointing the Judiciary Commission to reduce social tensions and purchase time, just like the public overtones achieved by land disputes at the time. It appointed former judges of Kerala High Court to make recommendations on the nature of the land under the committee of the Investigation Act and to make recommendations to protect the rights of “good-intentioned occupants”.

Last week, the Kerala High Court made a decision. The court revoked the appointment of the committee because the possible findings of the committee would have an impact on cases related to Munambam land and were registered as WAQF property by the WAQF Board. The sole judge of the court asserted that only the WAQF Tribunal, a judicial body established by the law, could revoke or modify the WAQF Board’s decision on the WAQF property.

The Court continued to point out that the Judiciary Committee had “matters that were pending before the WAQF Tribunal could have consequences”. It also announced its concern that “the Commission’s findings may have a tendency to bias the rights of the competitors”.

The government wants the former judge to understand the current situation of the land, its nature and scope, in addition to providing advice on ways and means to protect the rights and interests of good residents of shares. The reference clause defined by the Judicial Commission appears to have crossed the path of the WAQF tribunal established by law. This could force the court to remove the appointment committee. The only comfort to the government is that the court maintains its right to collect necessary materials to determine issues that may affect public order.

The response of the state government, especially the state law minister, to the judgment seems to be wrong. In response to development, the minister said that the government would protect the interests of Munambam residents without regard to the nature of the land. The government did not double down, but was waiting for trial in court, namely the Wakoff Court.

Now the state government will immediately contact the Judicial Court of Kerala High Court to revoke the order to appoint the committee. The appeal may be appealed within a few days, and the court has listed a case filed again on March 29.

Legal proceedings filed in the High Court have forced the Commission into a disturbing situation. The Commission chose to suspend its activities because its appointment was challenged by the High Court. The operation of the group is still suspended because the judicial finality has not yet reached its appointment.

All parties to all disputes before the High Court and before the Tribunal will have a long legal battle. Justice may be delivered, but it may be late.