Selangor government succeeds in striking out Jamal’s lawsuit

Torn down: Jamal (right) picking a piece of rubble in this file picture after his chalet in Sekinchan, Selangor, was demolished.

KUALA LUMPUR: The Selangor government and two others have succeeded in striking out a suit by Sungai Besar Umno division chief Datuk Seri Jamal Md Yunos over an order to seal and demolish part of his resort in Sekinchan.

Jamal had filed the suit via Linear Active Sdn Bhd, the plaintiff and of which he was the director, and named the Sabak Bernam District Council (MDSB), Sabak Bernam Land and District Office and the state government as the defendants.

Sessions Court judge Syed Faisal Syed Amir granted the application by the three defendants on grounds that Jamal’s suit did not expose a reasonable cause of action and was an abuse of court process.

He ruled that the land office was not a law entity which could be sued because it was an office and not a “body corporate” and any summons against the state government should be filed against its officer.

He also ruled that the action taken by MDSB to seal and order Sekin Fisherman Village Hotel & Resort (Sekin Resort) to be closed was valid.

Judge Syed Faisal also ruled as valid the land office’s move to demolish the resort’s structure built on a piece of land owned by Drainage and Irrigation Depart­ment (DID).

He said the notice to seal and close the resort was issued by MDSB to Sekin Resort in 2013 and in October last year, the council issued a termination of operations of the resort.

The judge added that the notice to stop the construction work on DID’s land was given as early as 2011 and in 2013, Jamal was issued a notice to vacate the land.

He ordered the plaintiff to pay RM3,000 in costs to MDSB and another RM3,000 to the land office and Selangor government.

In his statement of claim, Jamal claimed that on Dec 21 last year, he protested at the entrance of Ban­gu­nan Sultan Salahuddin Abdul Aziz Shah in Shah Alam over the frequent water disruption in the state.

He alleged that the act by the council to seal and demolish his resort was due to vengeance and politically motivated, causing him to suffer losses and a bad reputation.

Among others, the plaintiff sought an injunction to stop the land office from demolishing any part of the buildings in the resort.

Jamal also wanted to stop the district council from closing the place and blocking any utility access to the place.

He also sought damages for the demolition of part of the resort as well as RM140,000 for disturbance to his business.