Vivekananda Ashram fails in judicial review bid

KUALA LUMPUR: The Vivekananda Ashram Kuala Lumpur failed in its bid to obtain leave for a judicial review application to revoke the decision of the National Heritage Department to designate the land surrounding the 110-year-old building in Brickfields as a heritage site.
High Court (Appeal and Special Powers) judge Datuk Hanipah Farikullah dismissed the application with no cost, after allowing a preliminary objection raised by Senior Federal Counsel Mazlifah Ayob.
Vivekananda Ashram had named the National Heritage Department, National Heritage Commissioner Dr Zainah Ibrahim, the Ministry of Tourism and Culture and the Minister of Tourism and Culture as respondents.
"The application for leave for judicial review was dismissed with no order as to the cost," said Vivekananda's lawyer Datuk David Gurupatham.
He said the objection was that the review was filed prematurely, before the Tourism Minister's decision.
He also said that the judge allowed an application to intervene filed by Datuk A.Yogeswaran, a member of the Ashram.
Mazlifah had filed an objection saying that the application is "premature" and "academic".
"Our objection was that the application was filed prematurely, before the minister made the decision on the appeal," said Mazlifah.
"Secondly, the application had become academic as the prayers, which was asked was directed at the Commissioner, where else the minister had already decided, therefore, it should be the minister," said Mazlifah.
The Ashram had appealed to the minister through a letter dated Oct 7, 2015.
However, before the minister could decide on the appeal, the judicial review was filed on Oct 13, 2015. Subsequently, the minister had refused their appeal and maintained the designation of the land as a heritage site on Oct 29.