Munambam land dispute: SC freezes Kerala HC’s ‘Not Waqf’ declaration; status quo till Jan 27

The Supreme Court on Friday December 12 put on hold the Kerala High Court’s declaration that the 404.76-acre Munambam property is not Waqf land. A Bench of Justices Manoj Misra and Ujjal Bhuyan ordered that status quo must be maintained until the week beginning January 27, when the case will be taken up again.

However, the Court clarified that it has not stayed the High Court’s observation that the State Government was right in appointing a one-member Judicial Commission to probe the history and nature of the land.

Why the Supreme Court intervened

The order came while the Court issued notice on a Special Leave Petition (SLP) filed by the Kerala Waqf Samrakshana Vedhi, which challenged portions of the High Court’s verdict.

Senior Advocate Huzefa Ahmadi, appearing for the petitioner, argued that the High Court had unnecessarily commented on the validity of the Waqf deed. He said the only issue before the High Court was whether the State could appoint a Commission of Inquiry when the matter was already pending before the Waqf Tribunal, the body legally empowered to decide such questions.

Ahmadi also noted that proceedings challenging the 2019 Waqf registration of the land are already underway before the Tribunal.

State and residents oppose the petition

Senior Advocate Jaideep Gupta, for the State Government, argued that the petitioner had no direct involvement in the dispute and that even the Muttawalli (Waqf manager) had not challenged the inquiry. He added that the Commission had already submitted its report.

Representing local residents, Senior Advocates V Chitambaresh and Maninder Singh said poor fishermen who had lived on the land for decades were never heard of before the area was designated as Waqf land in 2019. They pointed out a previous civil court ruling that had held the property was not Waqf land.

Supreme Court questions High Court’s approach

During the hearing, the Bench expressed concern over whether the High Court was the correct forum to examine the nature of the land when the issue was already being heard by the Waqf Tribunal.

“You are worse off than you were before filing the writ petition,” Justice Misra told the petitioner’s counsel, noting that the High Court had gone beyond the scope of the case.

Supreme Court’s interim order

The Court concluded:

• Notice issued; matter will be heard in the week of January 27
• The High Court’s declaration that the property is not Waqf land is stayed
• Status quo shall continue regarding the land
• Observations upholding constitution of the Commission are not stayed

What is the Munambam land dispute?

The contested land in Ernakulam was originally transferred in 1950 by Mohammed Sidhique Sait to the Farook College Managing Committee. Over time, parts of it were sold to various individuals, many of whom built homes.

In 2019, the Kerala Waqf Board registered the land as Waqf property, triggering protests from residents. The dispute gained national visibility, particularly during discussions on the Waqf Amendment Act 2025.

The State later appointed former High Court judge Justice C N Ramachandran Nair to investigate the issue. A single bench quashed the appointment, saying only the Waqf Tribunal could decide such matters. But a division bench reinstated the Commission and also remarked that the land was not Waqf property—remarks now partly stayed by the Supreme Court.