Kerala High Court Takes Up Waqf Land Encroachment Case Against Munambam Church
The Kerala High Court has formally admitted a significant petition and issued notices to multiple respondents in a contentious property dispute involving alleged encroachment on waqf land. The case centers on the Velankanni Matha Church located in Munambam, with the court directing notices to both official authorities and the church itself.
Petition Seeks Eviction from Alleged Waqf Property
The petition, filed by A M Abdul Lukhman from Alangad in Aluva, specifically requests the court to direct the Tehsildar of Kochi to initiate immediate eviction proceedings against the church. The core allegation asserts that the religious institution is unlawfully situated on approximately two acres of waqf property, which is land dedicated for Islamic charitable purposes under waqf law.
The petitioner has made several serious claims in the legal filing:
- The church has constructed permanent structures on the disputed land without any legitimate title or ownership rights
- Revenue and panchayat records have been allegedly manipulated to show church ownership despite lacking proper documentation
- The church secured official entries in government records without presenting valid title deeds, patta documents, or evidence of lawful possession
Previous Administrative Directive Ignored
According to the petition, the District Collector of Ernakulam had previously intervened in this matter. On June 16, 2025, following a formal complaint by the petitioner about the alleged encroachment, the collector issued a clear directive to the Tehsildar. This official order mandated an immediate inquiry into the property occupation and, if encroachment was confirmed, required the eviction of the church from the waqf land.
The petitioner contends that despite this explicit administrative order from a senior official, the Tehsildar has willfully failed to take any action. This alleged inaction has allowed the church to maintain possession of the property, causing what the petition describes as "grave prejudice" to the waqf and its legitimate beneficiaries.
Additional Relief Sought from Panchayat Authorities
Beyond the eviction request, the petitioner has also sought judicial intervention with local government bodies. The petition requests the court to direct the Secretary of Pallippuram Grama Panchayat to take specific administrative actions:
- Remove all entries related to the church buildings from the panchayat's official asset register
- Initiate demolition proceedings against unauthorized constructions on the disputed waqf property
The legal basis for these requests stems from the assertion that the panchayat records were updated without supporting documentation proving the church's legal right to the property. The petitioner maintains that no valid title deeds, patta documents, or ownership proofs were presented when these entries were made in government records.
Judicial Proceedings and Next Hearing
The bench of Justice Viju Abraham, after admitting the petition and issuing the necessary notices, has adjourned the case for further consideration. The next hearing is scheduled for March 26, when all parties will have the opportunity to present their arguments and evidence before the court.
This case represents a significant legal confrontation involving religious institutions, property rights, and the administration of waqf properties in Kerala. The outcome could establish important precedents regarding the enforcement of administrative orders and the protection of waqf lands from alleged encroachment.
