ibn sultan
Kerala, Mar 18: The Kerala High Court has annulled the state government’s decision to appoint a Commission of Inquiry to resolve ownership disputes involving the Waqf Board, ruling that only the Waqf Board has the legal authority to determine the Waqf status of a property, with any review limited to the Waqf Tribunal.
Justice Bechu Kurian Thomas observed that under the Waqf Act, 1995, no authority other than the Waqf Board could decide such matters. The ruling came in response to petitions challenging the appointment of a Commission led by former High Court judge Justice CN Ramachandran Nair to examine a disputed property, already declared Waqf by the courts.
Petitioners argued that the government had no jurisdiction to appoint the Commission, claiming it was an attempt to legitimize unauthorized occupants.
The state defended the move, citing public unrest over eviction proceedings and the need for an independent review.
While the government maintained the inquiry was for fact-finding rather than judicial determination, the court held that property disputes fall under legislative provisions governing land and trust matters, reinforcing that the Waqf Board’s decision remains final unless overturned by the Tribunal.(KNT)
