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BECHU KURIAN THOMAS
Kerala Waqf Samrakshana Vedhi (Registered) No:EKM/TC/604/2012 – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
Petitioners challenge a Government Order appointing a Commission of Inquiry under the Commissions of Inquiry Act, 1952 in relation to a property claimed to have been dedicated as waqf. Since the issues involved in these two writ petitions are almost identical, they are disposed of by this common judgment.
2. The Commissions of Inquiry Act, 1952 , (for brevity ‘the CoI Act’) confers power upon the appropriate Government to appoint a Commission to inquire into ‘definite matter of public importance’. In exercise of the said power, Justice C.N. Ramachandran Nair, a former Judge of this Court, has been appointed as per Ext.P1, to inquire into the issues referred to in the said Government Order.
3. Writ petitioners allege that the dispute now sought to be inquired into by the Commission relates to a waqf property, situated in Survey No.18/1 of Vadakkekara Village, which was the subject matter of O.S. No.53 of 1967 on the files of the Sub Court, North Paravur. In a judgment dated 12.07.1971, the trial court concluded that the document produced therein as Ext.P31 was not a gift deed but a waqf deed. The appeal against the said judgment was dismissed by a Division Bench of thi
The appointment of a Commission of Inquiry by the State Government regarding waqf property is invalid as it violates the provisions of the Waqf Act, 1995, which prohibits any authority from adjudicat....
The exercise of statutory power under the Commissions of Inquiry Act must be justified by valid legal grounds, distinguishing between personal injury claims and public interest allegations for determ....
The constitution of an inquiry commission by the State is valid despite challenges under the Waqf Act, 1995 when prior waqf declarations are arbitrary, devoid of proper procedure, and the property in....
The Waqf Tribunal's directives for property measurement and police assistance are lawful in light of obstruction by committee members.
Adherence to due process and principles of natural justice in inquiry is key for lawful removal under the Waqf Act.
The Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
A Commission of Inquiry does not cease to exist upon submitting its report unless formally terminated by the government under Section 7 of the Commissions of Inquiry Act, 1952.
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