Munambam Land Not a Waqf Property, Rules Kerala High Court: Farooq College’s Ownership Stands

Munambam Land Not a Waqf Property, Rules Kerala High Court: Farooq College’s Ownership Stands

Kochi: In a landmark judgment, the Kerala High Court has ruled that the disputed Munambam land does not qualify as waqf property, reaffirming that the land was given as a gift to Farooq College and not permanently dedicated to any religious endowment. The ruling marks a decisive end to a prolonged legal battle over the ownership and classification of the land.

The Division Bench, while considering the appeal filed by the state government, observed that the 1950 agreement pertaining to the Munambam land was not a permanent religious dedication to God. Instead, it was a conveyance made in favour of Farooq College as a gift. The court further clarified that the land in question does not fall under any provision of the Waqf Act, thereby rejecting the argument that it should be treated as waqf property.

The verdict comes as a relief to Farooq College authorities, who had maintained throughout the proceedings that the property was gifted to the institution for educational purposes and not for religious management. The court emphasized that the original donor’s intent, as recorded in the 1950 document, aligned with a charitable and educational purpose, not a perpetual religious endowment.

At the same time, the Division Bench upheld the continuation of the judicial commission appointed to investigate aspects of the Munambam land issue. This decision overturns the earlier single bench verdict, which had annulled the commission’s appointment following a petition filed by the Kerala Waqf Protection Forum.

The government, in its appeal, argued that the petitioners Kerala Waqf Protection Forum did not have the legal standing to challenge the commission’s appointment. The High Court agreed with this view, setting aside the single bench’s order and confirming the legitimacy of the ongoing judicial commission’s work.

The judgment is expected to have wider implications for similar land disputes across Kerala, especially those involving educational institutions and historical property transfers contested under waqf claims. By asserting that the Munambam land was a voluntary gift and not a religious dedication, the court has provided a clear precedent on interpreting historical property deeds in light of modern legal frameworks.

The High Court’s decision thus not only settles a long-standing controversy but also strengthens the legal foundation for educational institutions holding legacy properties gifted prior to the enactment of the Waqf Act.


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