The Kerala Waqf Board has urged the C.N. Ramachandran Nair Judicial Commission on the Munambam land dispute to recommend to the government to take steps to “protect the interests of the persons occupying the Waqf property without causing loss to the Waqf.”
The board, asserting that the holding was a Waqf, suggested that the commission issue directions to survey the holding covered by the Waqf deed and identify the extent of properties in the possession of third persons and Farook College, and that was lost to sea. The managing committee of Farook College, Kozhikode, is the Mutawalli (manager) of the property.
A mere reading of the deed by which the property reached the college would reveal that it was a Waqf property and much of it was alienated according to the statement filed by the Chief Executive Officer of the board before the commission last week.
Church forums’ support
Incidentally, the commission is in the process of hearing various stakeholders in the contentious issue. The protest of the Munambam residents, spearheaded by the Church, entered its 92nd day on Sunday, with various Church-affiliated organisations pledging their support for the residents’ campaign to restore the revenue rights of their property.
The Kerala Waqf Samrakshana Vedi urged the State government to withdraw the order appointing the commission as he reportedly made a public statement that the holding was not a Waqf, which according to the organisation was arbitrary, unfair, wrong and amounted to contempt of court and beyond the Terms of Reference of the commission.
The board informed the commission that the claim of the college that the property was not Waqf, but a gift deed, was not maintainable before the commission as the question regarding the nature of the holding was not to be decided by the commission as per its Terms of Reference.
‘Not bona fide purchasers’
The board has also taken the stand that persons allegedly claiming possession and title over the Waqf property cannot be treated as bona fide purchasers. Some persons have unlawfully and without permission of the board made tie-ups to grab the Waqf properties and claimed to be bona fide purchasers. Several hotels and heritage resorts have come up on the property. Some others put up houses there were also operating home-stays, the board pointed out.
Published – January 12, 2025 08:24 pm IST