
Justice Alice Loke allowed the application, ruling that it was not entirely academic and ought to be ventilated.
The applicants are seeking a certiorari order to quash the notices, dated April 3 and April 9 last year, calling for them to vacate Kuala Lumpur Tower.
They are also seeking to restrain the issuance of any further notice under Section 425 of the National Land Code 1965 pending disposal of the judicial review application and any related appeals.
In addition, the applicants want the court to compel the respondents – the land commissioner, the federal government and communications minister Fahmi Fadzil – to produce all relevant correspondence, instruments and records exchanged between March 27, 2025 and April 9, 2025.
They further seek a declaration that the impugned notices are invalid, unlawful, null and void, and of no effect, alleging that the decisions were made mala fide and constituted an abuse of process.
In opposing the leave application, the Attorney-General’s Chambers (AGC) unsuccessfully argued that the matter had become academic.
It claimed there were no subsisting proceedings after the applicants’ interim injunction application was dismissed by the High Court in June last year.
It further argued that the applicants had vacated Kuala Lumpur Tower and were no longer its operators, rendering the relief sought academic.
Counsel Vinayak Sri Ram represented the applicants while federal counsel Sallehuddin Ali represented the attorney-general.
In July last year, the High Court ruled that Hydroshoppe and Menara Kuala Lumpur Sdn Bhd’s RM1 billion civil suit against the respondents over the award of the Kuala Lumpur Tower concession should proceed to trial, citing issues that required full ventilation.
However, the court struck out new concession holder LSH Service Master Sdn Bhd, and its shareholders, LSH Best Builders Sdn Bhd and Service Master (M) Sdn Bhd, as parties to the suit.