YAYASAN Kubra succeeded in its application at the High Court today to set aside the preliminary order of the Selayang magistrate's court to proceed with an inquiry into a complaint regarding an unregulated temple in Rawang.
This, after hearing issues related to a land dispute and the possibility of a breach of the peace.
Judicial Commissioner, Suriyati Hasimah Mohd Hashim made this decision after hearing submissions from lawyer, Muhammad Hariz Md Yusoff representing the Foundation as the applicant and lawyer, Rajesh Nagarajan on behalf of the Sri Uchimalai Muniswaraman Devotees Association as the respondent.
While reading the decision in the review hearing proceedings, Suriyati Hasimah said, the court had heard submissions from both parties and examined the documents submitted to the court.
She said that the court also made its decision based on the existing legal provisions in force in this country.
“The court allowed the applicant’s application, so the decision of the Selayang Magistrate’s Court was set aside.
“If the parties are not satisfied, they can file an appeal, and the court will provide the reasons for the judgment,” she said.
Following the decision, Rajesh said that the management of the Sri Uchimalai Muniswaraman temple would file an appeal regarding the decision at the Court of Appeal in Putrajaya as soon as possible.
According to him, the temple management was disappointed but accepted the court’s decision.
“Most of the temple structures have been demolished, but the basic structure is still there.
“Since we will file an appeal this evening, it means that the case is still within the jurisdiction of the court.
“The subject in the case, namely the land and the temple, cannot be disturbed by any party until this case is resolved in the Court of Appeal,” he said when met outside the court.
Meanwhile, Muhammad Hariz said that the High Court’s decision has a comprehensive effect, so the hearing of the case at the Selayang Magistrate’s Court next May has been cancelled.
According to him, the Foundation also welcomes the temple management’s move if they want to file any claim in the civil court.
“This is because we will not waste money on the cost of appointing a lawyer, simply to obtain an eviction order against the land encroachers,” he said.
After this, he said, the plan to continue building the asnaf house, which has been stalled for so long, will continue.
On March 13, the Selayang Magistrate’s Court ruled that there was a dispute regarding the ownership status of the land on which the temple is located.
Magistrate Chai Guan Hock then ordered both parties involved in the dispute to appear in court for an inquiry hearing under Section 99(4) of the Criminal Procedure Code (CPC).
He also asked them to file a written statement regarding the actual ownership of the land.
The court also ordered that a copy of the order be served on the parties named in the suit case pursuant to the CPC.
He said that a copy of the order must be displayed at the land, which is in the Rawang Perdana 2 area. – March 31, 2026
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