The Munambam Waqf land dispute in Ernakulam district, Kerala, centres around nearly 404 acres of coastal land, where around 600 families have been living for decades. While residents claim that have been residing on the land for decades and that they hold the title deeds secured after purchasing the land, the Kerala State Waqf Board allege that the land was given to it as waqf in 1950.

Waqf refers to an endowment made by a Muslim for charitable or religious purposes, such as building mosques, schools, hospitals, or other public institutions. Waqf land cannot be sold, gifted, inherited or encumbered.

In 1865, the 'Pandarapattam Vaka Proclamation' issued by Travancore King Ayilyam Thirunal granted land to people for cultivation. Later, in 1902, Haji Musa Seth, a businessman from Gujarat, purchased 404 acres of land in this area under the provisions of that proclamation. At the time of his purchase, hundreds of fishermen were already residing there.

In 1950, Siddique Seth, the husband of Haji Musa Seth’s daughter, transferred this land to Farook College in Kozhikode. The document stated that the land was being given as waqf for educational purposes in accordance with Islamic principles, subject to two conditions. First, the income generated from the land would be used for the educational needs of Farook College, and for this purpose the college was granted rights of sale and purchase. Second, if Farook College ceased to exist, or if any land remained after meeting the college’s needs, the property would revert to the Seth family’s descendants.

In 1951, Farook College obtained the title deed and took possession of the land. In 1962, the college attempted to evict the residents living there, leading to protests and litigation. The case initially resulted in a ruling in favour of the local residents. However, in 1967, Farook College appealed to the Paravur Sub Court, and in 1971, the court ruled that the land belonged to Farook College.

As sand accumulated along the coast and new land was formed, more people migrated to the area and began living there. The residents argued that land reclaimed by the sea and later reformed should be treated as revenue land and alleged that Farook College was taking possession of such land in violation of this principle. In 1971, a receiver was appointed to manage the property and address the disputes. As the number of occupants increased, the college approached the High Court in 1975 seeking police protection for eviction. The High Court upheld the earlier ruling that the land belonged to Farook College.

Following this judgment, the college sought police assistance for eviction. The residents also approached the High Court, arguing that they were tenants living on land reclaimed from the sea and therefore on revenue land. However, the verdict went against them, and the court reaffirmed that the land belonged to Farook College. The judgment recorded in several places that the land had been received by the college through a gift deed.

Amid continued tensions, mediation efforts were undertaken. During discussions, the Farook College management stated that funds were needed for the development of the college. In 1988, the residents collectively raised approximately Rs 33 lakh and purchased the land. Around 600 sale deeds were registered, and Hasan Kutty Haji, the then managing trustee of Farook College, executed the documents. The area remained without major disputes for nearly three decades thereafter.

In 2019, the land was entered into the Waqf Board’s Asset Register. This became public in 2022 when the Waqf Board issued a notice to the Kochi Tahsildar directing that land tax collection, property transactions, and re-registration in the area be stopped. The residents approached their MLA and met with the Chief Minister, the Revenue Minister, and the Minister in-charge of the Waqf Board. The state government initially decided in favour of the residents and directed restoration of the previous status. However, an organisation named the Waqf Protection Committee filed a writ petition in the High Court challenging this decision, and the court granted a stay on the government’s order.

The residents maintain that they legally purchased their plots from the Farook College Managing Committee and hold registered sale deeds, land tax receipts, and other revenue records. In contrast, the Kerala State Waqf Board asserts that the land forms part of a religious endowment based on the 1950 document executed in favour of Farook College.

The central legal question is whether the 1950 document constitutes a valid waqf deed or merely a gift deed. The Waqf Board argues that the land was dedicated as waqf property and therefore cannot be sold or transferred, rendering subsequent transactions invalid. The residents contend that the land was lawfully transferred and that the Board’s claim, raised decades later, threatens their homes and livelihoods.

The dispute has led to prolonged litigation before the Kerala High Court, the Waqf Tribunal, and subsequently the Supreme Court. The High Court examined the validity of the Waqf Board’s declaration and questioned the delay in asserting the claim. As the matter remains subjudice, the final determination of the land’s status is yet to be conclusively settled.

Beyond the courts, the issue has triggered large-scale protests by residents under local action committees. Demonstrations, hunger strikes, and political interventions brought statewide attention to the dispute. Following which, the Kerala government appointed a judicial commission to examine the matter and explore possible solutions, including state acquisition to protect the residents while addressing the Waqf Board’s claims.

The Munambam dispute outcome could have wider implications for the interpretation of Waqf law, property rights, and the powers of Waqf Boards. It remains a complex intersection of legal interpretation, historical documentation, and the lived realities of hundreds of families awaiting clarity over their land rights.