Overview
- Kerala Waqf Samrakshana Vedhi has filed a Special Leave Petition in the Supreme Court challenging the October 10 High Court ruling that treated the 1950 deed as a gift and not a waqf and that upheld a state commission of inquiry.
- The petition argues the Division Bench exceeded writ jurisdiction by deciding the waqf status in an appeal about the commission, prejudicing cases already pending before the Waqf Tribunal.
- It contends that interpreting the 1950 instrument and determining waqf status requires trial and evidence before the Waqf Tribunal, with proceedings ongoing in Kozhikode over the 2019 registration.
- The Vedhi cites earlier civil determinations from 1967 and a 1973 High Court appeal that it says recognised the instrument as a waqf deed, asserting those findings cannot be reopened by an executive inquiry.
- The Kerala Waqf Board has sought review of the Division Bench order, and roughly 610 Munambam families remain affected by uncertainty tied to title and tax payment.