One City files assessment of damages against temple devotees

Devotees of the Sri Maha Mariamman Temple in Subang Jaya want to stop the land owner from entering the temple site.

SHAH ALAM: One City Development Sdn Bhd, which owns the land occupied by the Sri Maha Mariamman Temple in Subang Jaya, has filed an assessment of damages against 50 temple devotees who previously failed in their bid to stop it from entering the temple site.

The application was filed at the High Court on Tuesday.

During case management today, deputy registrar Ahmad Feisal Mohd Azmit advised the parties involved to resolve the matter through an out-of-court settlement.

The court set April 23 to know whether both parties have reached a settlement, a lawyer for One City told reporters.

Dinesh Kunasekar represents the 50 devotees.

On Feb 13, High Court judge Wong Kian dismissed with costs an application for an interlocutory injunction by the 50 devotees to restrain the company from entering the land for the purpose of its demolition.

They also sought, among others, an order to stay the execution of a writ of possession dated Nov 14, 2017, obtained by One City Development.

Wong dismissed the application by the devotees after finding that they had no cause for action against the developer and did not have locus standi under Section 9 (c) of the Societies Act 1966 to institute the action.

Besides One City Development, the devotees named K Chellapan (who was sued as a public officer on behalf of the temple management committee), Sime UEP Properties Bhd, the Selangor Town and Country Planning director and the Selangor government as defendants.

Wong also allowed the applications by all the defendants except Chellapan to strike out the suit by the devotees.

He also ordered the plaintiffs to pay damages and interest at the rate of 5% per annum on the amount of damages to One City Development regarding all losses suffered by the developer arising from its undertaking.

The issue on the relocation of the temple triggered a fracas on Nov 26 and 27 last year, resulting in firefighter Muhamad Adib Mohd Kassim, 26, being seriously injured.

Several others were also hurt, 23 cars torched and a section of the One City Mall damaged.

Adib, who was a member of the Emergency Medical Rescue Service (EMRS) from the Subang Jaya Fire and Rescue Station, died at the National Heart Institute on Dec 17.

An inquest was held last month to determine the cause of his death.