In a major relief to families in Munambam, HC directs officials to accept land tax
The petitioners have sought a declaration that the Waqf Board has no rights over their land, and have requested directions to the authorities to accept tax and allow related procedures such as mutation, transfer and alienation. As an interim relief, they asked that the Collector and Tahsildar be directed to accept tax, a plea the Court allowed
Ernakulam: In a major relief to the 600 plus families in Munambam, the Kerala High Court has directed the District Collector, Tahsildar and Village Officer to accept land tax from residents living on the disputed Munambam land, which the State Waqf Board claims is a Waqf property. Families in Munambam welcomed the court order by bursting crackers and distributing sweets.
Families in the Munambam island in Ernakulam have been protesting for the past one year for restoring their land rights and ensuring legal protection for them.
Justice C Jayachandran issued the interim order while hearing a batch of petitions, including one filed by the Bhoo Samrakshana Samithi (BSS) and other individuals claiming ownership of the land.
According to the petitioners, they had bought the property years ago from the Managing Committee of Farook College and maintain that the Waqf Board has no ownership over it. They said the land was mutated in their names and they were regularly paying tax until the Waqf Board made its claim. Following this, the Village Officer stopped accepting their land tax, prompting them to approach the High Court.
The petitioners have sought a declaration that the Waqf Board has no rights over their land, and have requested directions to the authorities to accept tax and allow related procedures such as mutation, transfer and alienation. As an interim relief, they asked that the Collector and Tahsildar be directed to accept tax, a plea the Court allowed.
The Munambam land dispute concerns 404.76 acres in Ernakulam, originally owned by the Farook College Managing Committee after a 1950 deed executed by Mohammed Sidhique Sait. The College later sold portions of this land, where several people built homes and other structures.
In 2019, the Kerala Waqf Board classified the land covered by the 1950 deed as wakf property, treating the deed as an endowment rather than a gift. This was opposed by families who had purchased the land. The State Government subsequently appointed a Judicial Commission headed by former High Court judge Justice C N Ramachandran Nair to investigate.
However, a Single Judge quashed the government notification constituting the commission. Recently, a Division Bench ruled that the Munambam property is not waqf land, holding that the 1950 deed was a simple gift deed and not a permanent dedication of property for religious purposes.
Challenging this judgment, the Kerala Waqf Samrakshana Vedhi has filed a Special Leave Petition before the Supreme Court.