“The Court, obligated to act under the Constitution, especially in a secular country like India, cannot permit such a belated and fanciful exercise of power,” it observed.

The bench strongly criticised the Kerala Waqf Board, stating that its actions smacked of mala fides, especially given the land’s high commercial and business value. The Court observed that the 2019 declaration appeared to be a “desperate attempt to regain control and ownership” after nearly seven decades.

It further stated that the Waqf Board failed to examine the validity of the waqf deed and mechanically declared the property as waqf. This conduct, the Court held, amounted to “land grabbing tactics”, directly impacting the fundamental rights and livelihoods of hundreds of citizens.

“These citizens were left with no choice but to protest and agitate, leading to the State Government appointing an Inquiry Commission,” the judgment added.

The court noted that the Waqf Board’s declaration was unilateral and non-speaking, made without hearing affected residents—only after hearing Farooq Management behind closed doors.

“The question is whether the Court can shut its eyes to such a palpable illegality and arbitrariness, especially when the Board acted after a silence of 69 years. The answer is clearly ‘NO’,” the bench said.

It also pointed out that under both the 1954 and 1984 Waqf Acts, registration of waqf properties must be published in the official gazette, which did not happen in this case until 2019.