Kerala HC Cautions Against Giving Judicial Seal of Approval to Arbitrary Declaration of Property as Waqf

It is most extremely significant to note that none other than the Kerala High Court itself in a most learned, laudable, landmark, logical and latest judgment titled The State of Kerala vs TKI Ahamed Sherief & Ors in W.A.Nos.603 of 2025 & 606 of 2025 and cited in Neutral Citation No.: 2025:KER:74409 that was pronounced as recently as on October 10, 2025 on Munambam Waqf land dispute involving over 400 acres of land in Ernakulam district cautioned against giving the judicial seal of approval to arbitrary declarations of property as waqf.

- 

It must be noted that the Division Bench of Kerala High Court comprising of Hon’ble Mr Justice Sushrut Arvind Dharmadhikari and Hon'ble Mr Justice Syam Kumar VM was most unequivocal in holding that if judicial seal of approval is placed on such an arbitrary declaration of Waqf, tomorrow any random building or structure, including Taj Mahal, Red Fort, Niyama Sabha Mandiram (State Legislature Complex) or even this Court's building would be vulnerable of being painted with the brush of a Waqf property by the Waqf Board on the basis of any random document at any point of time. It is a no-brainer that the Kerala High Court’s judgment in this leading case clarifying that the Munambam property in Ernakulam district is not Waqf land is expected to usher in relief to so many people across the country who are facing similar such disputes!

To recapitulate, the Munambam land originally measured 404.76 acres, later reduced to 135.11 acres due to sea erosion. In 1950, one Siddique Sait had gifted the land to Farook College. At that time, several families were already residing on the land. In 1950, one Siddique Sait had gifted the land to Farook College. At that time, several families were already residing on the land. Over time, the college sold parts of the land to these occupants.