KOCHI: The Ernakulam Munambam disputed land is not a waqf property dedicated to God, the High Court has said. “This is land that was transferred in 1950 on the basis of will. The action of the Kerala Waqf Board to declare it as a waqf property after 69 years is illegal.” The verdict was given by a division bench comprising Justices Sushrut Aravind Dharmadhikari and VM Shyamkumar.
"The endowment deed of 1950 never intended to create any ‘permanent dedication in favour of the Almighty God’, but was simpliciter a gift deed in favour of R5 Farooq Management and therefore could have never qualified as a ‘waqf deed’ under any of the enactments of the Waqf Act 1954, 1984, or 1995," the judgment stated.
The Justice CN Ramachandran Nair Commission appointed by the government to submit proposals f