Sebastian Antony Valiyaveettil, a 52-year-old fisherman from the coastal village of Munambam in Ernakulam district, has no idea how he will deal with the crisis in which he has found himself.
After recovering from a recent road accident due to which he was unemployed for the last few months, Antony Valiyaveetil is struggling to meet the rising expenses including medical costs. There is a lot of tension over the death of the sole earning member of the family which is facing the weather.
“Earlier, we used to raise funds for emergency needs from nearby cooperative societies by mortgaging the title deeds of the property. Financial institutions in the area have stopped accepting title deeds of properties located in Wards 1 and 23 of Pallipuram Panchayat as collateral security for two years now, leaving many families in a dilemma. It was the litigation over the nature of the holding and the legality of his possession that has forced the banks to reject the documents,” says Antony Valiyaveettil, as he runs his fingers over the scar on his right leg, which has a wound. Metal implant in it.
PB Chandrika, a resident of Munambam, fears she may be evicted from the land she has lived in for decades. , Photo Courtesy: Tulsi Kakkat
“When it rains, water leaks in the house. Due to financial constraints we could not fix it on time. The financial situation has become even worse after the accident,” says his wife Dalia, as she leans on the verandah wall of the nondescript house along the coastal road for support.
His 55-year-old neighbor PB Chandrika is also facing a similar problem. A part-time worker at a local catering unit, this widow is worried about what would happen to her family if she is asked to vacate the house she has lived in for the last four decades.
“Some say it is a waqf property (Waqf is the dedication of property for any purpose recognized by Muslim law as sacred, religious or charitable. While the waqf property will remain indivisible, the income of the waqf will be spent on education, development, welfare and such other purposes recognized by Muslim law. I inherited this property from my father, who purchased it from the authorities of Farooq College,” she says.
Incidentally, Mohammed Siddiqui Sait, an affluent Muslim businessman, had dedicated a vast estate spanning 404.76 acres for waqf on 1 November 1950 to the Managing Committee of Farooq College, Kozhikode for educational purposes.
MP and Waqf JPC member Aparajita Sarangi recently met residents who are facing eviction threats in Munambam. , Photo courtesy: RK Nitin
Over 600 families living in two wards of the panchayat are looking at an uncertain future as lawsuits over the property, which many have either inherited or purchased, have been going on for decades in the trial court, Kerala High Court and Waqf tribunal. Are walking. , The central government’s recent decision to introduce the Waqf (Amendment) Bill and leave it to a Joint Parliamentary Committee has reignited the debate on property. Public meetings, protest marches and submission of representations to the concerned authorities have changed the situation in the coastal village.
Apart from the houses of fishermen and workers, some luxury tourist resorts have come up in the area. While most of the houses are located on the landward side of the coastal road passing through the area, some sea-facing tourist resorts are built on the seaward side of the narrow road.
NM Irshad Sait, 69, a waqif (waqf maker), one of Mohammad Siddiq Sait’s relatives, is determined to see that his uncle’s waqf is fully implemented and free from all “illegal encroachments”.
“The Waqf Deed comes with a provision that in the event of failure by the beneficiary of the Waqf to fulfill the conditions of the Waqf, the Auqaf (property donated, bequeathed, or purchased for charitable works) passes to the heirs of Mohammed Siddiqui Sett. Will be vested back with. , A large portion of the Waqf property has been encroached upon or sold to individuals without obtaining prior permission of the Waqf Board, rendering the transaction invalid. Wakif’s family members do not want the property back in their possession. We are keen to see that the Waqf property is used for the purpose for which it was dedicated,” says Irshad Sait.
“Once a Waqf, always a Waqf,” he claims.
Activists of the Kerala Latin Catholic Association recently held a meeting at the High Court Junction in Ernakulam, declaring solidarity with those who have raised voice against the alleged claim by the Waqf Board on the land of Christians in Munambam . , Photo courtesy: RK Nitin
“Mohammed Siddiqui Sait gave the waqf to Farooq College on the request of the then members of the Managing Committee that the college needed land properties to obtain affiliation from the University of Madras. “Sait decided to donate the land because earlier efforts to raise funds for the college had not made much progress,” says Irshad Sait.
The debate and protest have taken political and religious overtones and a section of Christian churches and Hindu organizations have come together to oppose the claims of the Kerala Waqf Protection Vedi, an organization working to protect Waqf properties; Kerala Waqf Board; and successor to Mohammad Siddiqui Sait.
TM Abdul Salam, president of Kerala Waqf Conservation Vedi, says around 30,000 acres of Waqf properties in the state have either been encroached upon or alienated, defeating the purpose of Waqf. “The Waqf created by Mohammad Siddiqui Sait in Munambam is a property which was illegally transferred. The organization is waging a legal battle at various judicial forums to restore the alienated property in Munambam,” he says.
Joseph Benny Kuruppasery, coordinator of the Munambam Land Conservation Committee, has vowed to fight for the families who live in fear of being thrown out of their homes and landholdings.
Benny Kuruppassery says residents felt distressed when revenue officials stopped collecting property tax from residents about two years ago.
“The inclusion of Munambam holdings in the property register of the Kerala Waqf Board a few years ago sparked a wave of unrest in the coastal village as owners of the holdings, who were paying property tax, built houses in them. Door numbers were also given to the houses by the local body. No one can remove us, the genuine buyers, from the land where we have been living for a few generations,” he says.
The authorities of Farooq College had taken the position before various legal forums that the property was given to them as a gift by Mohammed Siddiqui Sait, and thus, they had full rights over the property. They will continue to insist that they used the property to further the goals of the college. Repeated attempts to seek the reaction of the college authorities on the issue failed.
“The ancestors of most of the residents had purchased plots for ₹280 from Farooq College authorities decades ago. Some churches are also built in the holding. “Residents who have made their living on their land cannot be evicted one morning because they have nowhere else to go,” says Sebastian Joseph, president of the Land Conservation Council.
Residents also highlighted a provision in the Waqf Deed, which allowed the managing committee of Farooq College to transfer property to the college to justify the purchase of the holding from the college authorities. The long legal battle involving the property took a turn in 2019 when the state Waqf Board notified the property as Waqf property following a report by the Waqf Inquiry Commission headed by former district judge MA Nisar. The petition filed by Farooq College challenging the decision of the Waqf Board is pending before the Waqf Tribunal.
“After hearing all the stakeholders concerned, I concluded that the property was a public waqf, and it would not be alienated in any way. Apart from steps to restore the properties, I had also recommended initiation of criminal proceedings against those selling Waqf properties. Once the waqf deed is executed, one cannot undo it or act against the intentions of the waqfi as per Islamic laws,” says Nisar.
Minister of State for Waqf V. Abdurahiman assured residents that they would not be evicted from their properties.
“If necessary, title deeds will be provided to the rightful occupants, subject to the court’s decision. If the court rules against the interests of the residents, we hope to find an amicable solution within the legal framework of Waqf laws. At present, the government has limitations in adopting an open stance as the issue of protection of Waqf land from encroachers is pending before the Waqf Tribunal,” he says.
Earlier, the government had allowed payment of property tax. However, this was stayed by the Kerala High Court. He said the government believes that paying taxes will not confer ownership rights on the alleged buyers or settle the ongoing land dispute.
“An attempt is being made to give a communal color to the dispute and create mistrust between different sections of the society. “The residents of Munambam will not fall into the trap as the state government is duty-bound to protect their homes and properties and maintain communal harmony in the area,” says Abdurahiman.
Kerala Waqf Board is taking cautious steps on this volatile issue.
“The Board is under legal obligation to protect the Waqf properties and prevent its possible misuse and illegal appropriation. The board has not initiated any action on the disputed property as the matter is pending before various judicial forums. We will wait for the judicial decision on this issue,” says board chairman MK Sakkir.
Sebastian Joseph, a 49-year-old resident of Munambam, now working abroad, fears the issue has turned into a full-fledged economic crisis in the area.
“Many families are in serious trouble. Some people have taken extreme steps in life. Public sector banks are refusing to give loans against property deeds, which is troubling lenders. Authorities need to take steps to protect residents,” he says.
published – October 17, 2024 08:04 PM IST
