GEORGE TOWN: The current operator of Line Clear nasi kandar outlet here has been given three weeks to vacate the premises in Penang Road.
This came following the dismissal of an application by the operator, Abdul Hamid Seeni Parkir, 67, in the High Court here for a judicial review to quash a decision made by the Penang Island City Council in 2014.
Judicial Commissioner Collin Lawrence Sequerah held that the council had discretion and power under the Local Government Act to grant the licence to the outlet based on rotational basis.
He ruled that the council had acted reasonably and legally, and not ultra vires and in breach of natural justice.
“The council’s decision is legal, rational, lawful and rational and the parties were given opportunities to be heard,” he said.
Collin also said the applicant had no legitimate expectation because neither Abdul Hamid nor his father had held any licence previously.
The court also dismissed Abdul Hamid’s application with cost of RM12,000 to be awarded to MBPP and RM15,000 to be awarded collectively to the second, third and fourth respondents.
The respondents are T. Abdul Latiff, 55, Sahubarali China Mohd Hanibah, 58, Pathumah Iskandar, 69.
After the decision was read out, Abdul Hamid’s counsel M. Kumar orally applied for an interim stay pending appeal but was dismissed by the court.
He also applied for time to vacate the premises and the court granted Abdul Hamid three weeks from yesterday.
It was reported that MBPP had issued a licence for the operations of Line Clear in Abdul Latiff’s name but Abdul Hamid obtained a stay of execution from the High Court against MBPP.
Abdul Hamid had applied for a judicial review of MBPP’s decision to act against him.
The restaurant licence was supposed to be issued annually to the four cousins – Abdul Hamid, Abdul Latiff, Sahubarali China, and Pathumah.
MBPP was represented by Karin Lim and Murgan D. Maniam.
Besides Kumar, Abdul Hamid was also represented by Md Yusuf Md Idris while Abdul Latiff, Sahubarali and Pathumah were represented by M. Kanesan and K.T. Rajah.
Meanwhile, a worker at the outlet said Abdul Hamid was performing umrah in Mecca until Jan 27.
When contacted, Abdul Latiff said he was happy with the court’s decision.
“We are glad that the court has ruled in our favour. It is a fair decision.
“We plan to hold a press conference, possibly next week,” he said.