The commission had been assigned to investigate the nature, extent, and status of land under old survey number 18/1 of the former Vadakkekara village in the erstwhile Travancore state. It was also expected to report on ways to protect the rights of genuine occupants and suggest government measures in this regard.

The petitioner argued that the state government had no authority to appoint a Commission of Inquiry to challenge facts already established by civil and High Court rulings, which had confirmed the land as Waqf property. The petition further stated that the government had no responsibility to protect encroachers or legitimize illegal occupation. It was also contended that individuals who had trespassed on Waqf land should not be allowed to pay land tax.

In response, the government clarified that the commission had no power to enforce its recommendations and was only a fact-finding body meant to provide the government with relevant information. The government emphasized that the commission could not adjudicate title disputes and was only gathering necessary details for decision-making.

The petition challenging the government’s order was filed by the Kerala Waqf Samrakshana Vedhi, Ernakulam. On January 24, the High Court had questioned the government’s authority to appoint the commission and had observed that the move seemed to be an “eyewash.” The government, however, defended its decision, stating that the commission was only meant to report on specific terms of reference and that no party, including the petitioners, would be harmed by its appointment. It argued that any legal challenge would be valid only if the government acted upon the commission’s recommendations.