The Kerala High Court has confirmed that the Munambam land cannot be classified as Waqf property, overturning a previous single bench order that had annulled a government-appointed judicial commission to examine the site.
The division bench, headed by Justices S.A. Dharmadhikari and V.S. Shyamkumar, noted that the land was donated to Farooq College in 1950 as a private gift, not as Waqf property. Under the 1950 deed, the college management holds full ownership and can transfer or sell the land, and merely labeling it as a Waqf donation does not make it Waqf property.
The court also clarified that disputes over Waqf classification fall exclusively under the Waqf Tribunal, not a judicial commission. This ruling restores the government’s authority to appoint commissions and inspect disputed lands.
The decision is expected to have a major impact on land dispute resolutions and Waqf property claims across Kerala.
