KOCHI: The Kerala High Court on Friday observed orally that the appointment of a commission headed by Justice C N Ramachandran Nair to inquire into the Munambam land issue looks like an eyewash.

“There is no proper application of mind in the order appointing the commission. Looks like an eyewash. What is the state government’s authority to appoint the inquiry commission? In a matter that has already been concluded by a civil court judgment, and affirmed by a High Court in the appeal, can a commission of inquiry come up and arrive at a different conclusion,” asked Justice Bechu Kurian Thomas.

The court made the observation when a petition filed by the Kerala Waqf Samrakshana Vedhi, Ernakulam, seeking to quash the order appointing the commission, came up for hearing. The court adjourned the hearing to January 29. A civil court had earlier ruled that the land was Waqf property and the High Court later upheld it.

“It is a settled proposition that once the title or right of a property is settled, no other court, including the High Court, can interfere with it,” the court said, adding that if the commission is going to consider the title of the property, then it is “intruding into the rights already settled”.

The commission cannot say that despite the land being Waqf property, the government can pass an order cancelling the titles of the property. If the commissions arrive at a different conclusion, “it would open a Pandora’s box”, the court stated.

HC slams govt over panel appointment

The court said the government did not exclude the waqf property from the notification. It also noted that the Waqf Commission had gone into the issue of waqf land in 2010 and its findings were approved by the government. “None of these matters had been considered while appointing the new commission.