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 determining locus standi.

ORDER :

Nitin Jamdar, C. J.

These two appeals filed by the State of Kerala arise from the common judgment of the learned Single Judge dated 17 March 2025 in W.P.(C) Nos.2839 and 3817 of 2025.

2. The Government of Kerala was of the opinion that it is necessary to appoint a Commission of Inquiry to recommend measures to be taken by the Government to find a permanent solution in the matter of ongoing dispute between the citizens residing in Munambam at Ernakulam District and the Waqf Board. Accordingly, considering that this enquiry was into a matter of public importance, the Government of Kerala, in exercise of the powers conferred under Section 3 of the Commissions of Inquiry Act, 1952 (Act 60 of 1952), appointed a retired Judge of this Court as the Commission of Inquiry and issued a notification dated 27 November 2024. The terms of reference of the Commission of Inquiry are, to identify the present lie, nature and extent of property comprised in old Survey No.18/1 of the then Vadakkekara Village of the erstwhile Travancore State, and to enquire and report as to how to protect the rights and interests of the bona fide occupants of the said land and to recommend the measures to be taken by the Government in that regard.

3. W.P.(C) No.2839 of 2025 was filed by the Kerala Waqf Samrakshana Vedhi, Thrikkakara and W.P.(C) No.3817 of 2025 was filed by Mr. T.K.I. Ahamed Sherief and another, claiming to be beneficiaries and persons interested in the Waqf properties. The Petitioners challenged the notification/order issued by the Government dated 27 November 2024 (Exhibit P1), inter alia contending it to be illegal, arbitrary, and beyond the powers of the State. and that only authorities under the Waqf Act, 1995 had jurisdiction to decide whether any disputed property involved was dedicated to the Muslim community. The Petitioners contended that the Government of Kerala was not the appropriate Government as defined under Act 60 of 1952. The Petitioners sought a writ of certiorari to quash the notification/ order issued by the Government dated 27 November 2024 (the Notification) and a writ of mandamus restraining the Commission from proceeding with the enquiry. In its counter affidavit, the Appellant – State questioned the locus standi of the Petitioners, contending that they were not ‘persons interested’ nor ‘beneficiaries’ under the Waqf Act, 1995 and that, at the most, the petitions amounted to Public Interest Litigations. It was contended that the Commission was only a fact-finding body, constituted in the wake of public protest, and no cause of action would arise until a decision was taken on its recommendations. By order dated 6 February 2025, the parties claiming to have lawful title to the property were impleaded as additional Respondents in the writ petitions. They filed a counter affidavit, contesting both the locus standi of the Petitioners and their claim of the properties as Waqf properties.

4. The learned Single Judge held that the Petitioners had locus standi to file the writ petitions. It was further held that the Government of Kerala was the appropriate Government as defined under Act 60 of 1952. The learned Single Judge, however, concluded that the Notification was not valid and also required to be quashed as having been issued mechanically and without due application of mind. Accordingly, by the impugned judgment, the learned Single Judge quashed the notification dated 27 November 2024. Being aggrieved, the State of Kerala is in Appeal before us.

5. W.A. No.603 of 2025 arises from the judg