KUALA LUMPUR: The High Court today dismissed an application by Vivekananda Ashrama Kuala Lumpur to obtain leave for a judicial review against the National Heritage Department's decision to gazette the property surrounding the 110-year-old building as a heritage site.
High Court Judge (Appellate and Special Powers Division) Datuk Hanipah Farikullah set aside the application after allowing the Attorney-General’s chambers (AGC)'s preliminary objection, ordering no cost.
Senior federal counsel Mazlifah Ayob who appeared for the four respondents, namely the Ministry of Tourism and Culture, National Heritage Department Commissioner Dr Zainah Ibrahim and Tourism and Culture Ministry and its minister Datuk Seri Mohamed Nazri Abdul Aziz, said the PO was raised on grounds that the application was premature and academic.
"Our objection is that the application was filed prematurely, before the appeal process to the minister was completely exhausted.
"Their appeal to the tourism minister via a letter was dated on Oct 7, 2015 but before the minister could decide the appeal, this application was filed on Oct 13, 2015," she said after the matter came up for hearing in chambers today.
She added that subsequently the minister had refused the appeal and maintained the designation of the land as a heritage site.
She said the objection was also raised as the attack should be on the decision of the tourism minister and not against the commissioner of the department.
On Oct 13, last year, the company Vivekananda Ashrama Kuala Lumpur filed the judicial review action through law firm Messrs David Gurupatham & Koay, at the High Court Registry here.
The applicant had sought to set aside the decision of the Department and its Commissioner Dr Zainah Ibrahim made on July 15, 2015 to designate Lot 33, Section 72, No. 220, Jalan Sambanthan, Brickfields here, as a heritage site.
The company also sought for an order to compel the Department and the Commissioner to reconsider its proposal that only the Vivekananda Ashrama building be designated as heritage site, so that it could develop the surrounding land.
Counsel Datuk David Gurupatham represented the applicant.