Temple Association Withdraws Appeal Over Rawang Perdana Land Dispute
PUTRAJAYA: The Court of Appeal on Friday dismissed the appeal by the Sri Uchimalai Muniswaraman Temple Association to set aside the Shah Alam High Court’s decision regarding an inquiry into a complaint related to the land dispute in Rawang Perdana.
A three‑judge panel of the Court of Appeal chaired by Justice Datuk Noorin Badaruddin unanimously decided this after the association, as the appellant, withdrew the appeal.
Noorin, who sat together with Datuk Mohd Radzi Abdul Hamid and Datuk Meor Hashimi Abdul Hamid, then ordered the association to pay costs of RM10,000 to Yayasan Kubra as the respondent.
Meanwhile, when contacted by Sinar Harian, lawyer Muhammad Hariz Md Yusoff, representing Yayasan Kubra, confirmed the matter.
Also present representing Yayasan Kubra were Datuk Zainul Rijal Abu Bakar, Ahmad Khalil Md Rofiee, Danial Farhan Zainul Rijal, Nur Fatin Syakinah Kamarudin, Muhammad Iz’aan Azalan, Nur Syafiqah Shafiyah Omar and Arham Rahimy Hariry.
On 31 March last, Yayasan Kubra succeeded in its review application at the Shah Alam High Court to set aside the earlier Selayang Magistrates’ Court decision that proceeded with an inquiry into a complaint of breach of trust for the construction of an unauthorised religious structure on the said land.
Judicial Commissioner Suriyati Hasimah Mohd Hashim decided this after hearing arguments from both parties.
In the proceedings on Friday, the High Court’s decision setting aside the Selayang Magistrates’ Court order is fully final.
Lawyer Amanda Sonia Mathew, representing the association, informed that she received instructions from her client to withdraw the appeal without costs and without liberty to refile.
However, Muhammad Hariz objected to this by stating that legal work had been fully carried out.
He said this included filing the Notice of Motion, the Supporting Affidavit to strike out the Appeal and written submissions on behalf of Yayasan Kubra, as well as a threatening letter preventing Yayasan Kubra from carrying out any activities on its own land.
It began from the date the association filed the Notice of Appeal from March to August, thus causing serious and severe prejudice to Yayasan Kubra, which warranted the granting of an order for costs.
On 13 March last, the Selayang Magistrates’ Court decided that there exists a dispute regarding the ownership status of the land on which the unregulated temple structure sits.
Magistrate Chai Guan Hock ordered both parties involved in the dispute to appear in court for an inquiry under Section 99(4) of the Criminal Procedure Code (CPC).
The Magistrate also requested them to submit written statements regarding the actual ownership of the disputed land.
The Magistrate also ordered that copies of the order be served to the parties named in the lawsuit according to the CPC.
He said that copies of the order must be displayed on the land in question, that is, in the Rawang Perdana 2 area.
Sinar Harian