Kerala High Court Restores Possession After Minority Commission Exceeded Powers in Property Row

The Kerala High Court has ruled that the Kerala State Minority Commission cannot adjudicate private property disputes or order eviction of individuals from residential premises, holding that such powers lie exclusively with competent civil courts. Justice Easwaran S. passed the ruling while hearing a petition filed by Moideenkutty, who challenged eviction proceedings initiated on the basis of directions issued by the Minority Commission.

The dispute arose after two sale deeds were executed in favour of Abdul Salam. Moideenkutty alleged that the documents were obtained through fraud and undue influence and claimed he continued to remain in possession of the property. Salam later approached the Commission seeking eviction of the petitioner.

The Court found that the Commission had acted beyond the scope of the Kerala State Commission for Minorities Act, 2014 by entertaining the complaint and issuing eviction-related directions to revenue and police authorities.

Observing that the statute only empowers the Commission to examine minority welfare issues and make recommendations, the Court held that it could not bypass ordinary civil remedies. The judgment noted that the Commission “overstepped its jurisdiction” by directing eviction and involving police authorities in execution proceedings.

Setting aside the impugned orders, the Court directed authorities to restore possession of the property to the petitioner within two days, while granting liberty to the respondent to pursue appropriate remedies before a civil court.