Malaysia

FT Islamic council seeks to evict Taman Sri Kuching temple

Based on documents submitted to court, MAIWP owns land on which premises is built

Updated 3 years ago · Published on 26 Mar 2023 6:40PM

FT Islamic council seeks to evict Taman Sri Kuching temple
A screen grab of the Google Street View of the temple in question in Taman Sri Kuching, Kuala Lumpur. So far, based on documents submitted to court, the Federal Territories Islamic Council is indeed named owner of the premises according to land ownership documents. – Screen grab pic, March 28, 2023

by Arjun Mohanakrishnan

KUALA LUMPUR – The Federal Territories Islamic Council (MAIWP) is going to the courts in a bid to evict a “Buddhist” temple in Taman Sri Kuching, Kuala Lumpur.

The Na Tok Kong Temple, Datuk Asai Worshippers Association, and Taman Sri Kuching Welfare Association were named as defendants in the eviction suit.

So far, claims have been made to the court that MAIWP owns the land upon which the temple is built.

MAIWP filed for an eviction order under Order 89 Rules of Court 2012 on January 9, 2023, at the Kuala Lumpur High Court.

According to MAIWP’s affidavit sworn by its legal department’s manager Wan Mohd Sanusi Noor, conditions pertaining to the land require that it be used only for surau or other activities related to the Islamic faith.

“The plaintiff (MAIWP) has plans to build a surau on the land for Muslim residents in Taman Sri Kuching to organise religious activities which comply with the conditions set for the land.

“However, the plaintiff is not able to do so, because we have found a Buddhist house of worship built on the land,” Wan Mohd said in MAIWP’s affidavit sighted by The Vibes.

Although MAIWP’s affidavit described the temple as “Buddhist”, the Na Tok Kong deity is Taoist in nature, being a local guardian spirit sometimes called “Datuk Kong”.

Seeking the land back, MAIWP has requested the court to remove all residents from the land, stating that the temple has no licence or permission to occupy the premises.

Further, MAIWP claims that the defendants’ presence on the land conflicts with public interest as the land cannot be used according to the community's wishes.

On August 19, 2022, MAIWP through its lawyers, issued a notice to the temple residents to clear the land.

“However, the plaintiff has not received any response from the defendants or anyone regarding the notice.

“I have been advised by our lawyers and state that, taking into account the sentiments and risks arising from the plaintiff’s status as an Islamic body, and the land is being used for matters related to the Buddhist faith, we have taken necessary and reasonable steps to properly identify the residents on the land,” Wan Mohd said.

So far, based on documents submitted to court, MAIWP is indeed named owner of the premises according to land ownership documents.

The grant also reveals that there are restrictions, whereby the land is only to be used to build a surau or for other Islamic activities. – The Vibes, March 26, 2023

Editor’s note: This story has been amended for accuracy on the nature of the temple.

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