MM:
Na Tok Kong temple requests extension after being evicted from Islamic council's land
Law Teck Wah submitted an affidavit saying that an extension of two weeks was needed because the two defendants were unaware of the suit until the receipt of a letter from MAIWP’s lawyers on February 23, informing them of an online hearing on March 10. ― Reuters pic
Tuesday, 25 Apr 2023 11:01 AM MYT
KUALA LUMPUR, April 25 — The Na Tok Kong Temple in Taman Sri Kuching has applied for an extension to file its defence in an eviction suit by the Federal Territories Islamic Religious Council (MAIWP), according to court documents.
Law Teck Wah, who represents the second and third defendants in the case (Datuk Asai Worshippers’ Association and the Taman Sri Kuching Welfare Association), submitted an affidavit saying that an extension of two weeks was needed because the two defendants were unaware of the suit until the receipt of a letter from MAIWP’s lawyers on February 23, informing them of an online hearing on March 10.
The two defendants represented by Law are registered associations responsible for the care and management of the temple, Law’s affidavit filed on April 5 said.
It went on to claim that the defendants had not been presented with the documents filed in court.
“The documents were never in the second and third defendants' records or possession.
“Given that Na Tok Kong Temple is a house of worship visited by many worshippers at all times, the second and third defendants are unable to identify who the documents had been presented to,” documents sighted by Malay Mail said.
Besides that, it claimed that all the committee members of both associations were senior citizens who were unable to read Malay or English, leading to difficulties in understanding the contents of the letter received from MAIWP and delays in taking appropriate actions such as appointing a lawyer.
“The documents obtained by the second and third defendants were only obtained once a lawyer had been appointed and a search was done through the e-filing system,” it said.
In August last year, MAIWP’s lawyers said in a letter to the defendants that the land the temple was situated on belonged to the Islamic council and that the temple had been built without permission.
“Following that, we have been instructed by MAIWP to demand all residents and parties residing on the real estate give vacant possession of the said real estate to MAIWP in good and orderly condition with all buildings and construction that have been built without MAIWP's permission, agreement or approval to be completely demolished and removed,” the letter said.
In a supporting affidavit sworn by MAIWP’s legal unit manager Wan Mohd Sanusi Mohd Noor, he claimed that the real estate was subject to conditions that it be used only as the site for a surau and other activities related to the Islamic faith.
He said that MAIWP had suggested the building of a surau on the land for Muslim residents of Taman Sri Kuching, following requests from residents.
“However, the plaintiff was unable to do so because it was found that there was already a house of worship, which is a Buddhist temple, that had been built on the land without the permission or approval of the plaintiff,” the affidavit said.
Despite the description, the temple is not Buddhist. Na Tok Kong, also called “Datuk Kong” or "Datuk Keramat", is a Chinese guardian deity that has roots in both the Taoist ancestral worship and the pre-Islam Malay practice of guardian spirit worship.
A Datuk Kong idol is usually depicted wearing the Malay headgear of songkok, with items from the Malay culture decorating the shrine — sarong, baju Melayu, rattan cane, Jawi script, ornaments for the Aidilfitri celebration, or keris.
Tuesday, 25 Apr 2023 11:01 AM MYT
KUALA LUMPUR, April 25 — The Na Tok Kong Temple in Taman Sri Kuching has applied for an extension to file its defence in an eviction suit by the Federal Territories Islamic Religious Council (MAIWP), according to court documents.
Law Teck Wah, who represents the second and third defendants in the case (Datuk Asai Worshippers’ Association and the Taman Sri Kuching Welfare Association), submitted an affidavit saying that an extension of two weeks was needed because the two defendants were unaware of the suit until the receipt of a letter from MAIWP’s lawyers on February 23, informing them of an online hearing on March 10.
The two defendants represented by Law are registered associations responsible for the care and management of the temple, Law’s affidavit filed on April 5 said.
It went on to claim that the defendants had not been presented with the documents filed in court.
“The documents were never in the second and third defendants' records or possession.
“Given that Na Tok Kong Temple is a house of worship visited by many worshippers at all times, the second and third defendants are unable to identify who the documents had been presented to,” documents sighted by Malay Mail said.
Besides that, it claimed that all the committee members of both associations were senior citizens who were unable to read Malay or English, leading to difficulties in understanding the contents of the letter received from MAIWP and delays in taking appropriate actions such as appointing a lawyer.
“The documents obtained by the second and third defendants were only obtained once a lawyer had been appointed and a search was done through the e-filing system,” it said.
In August last year, MAIWP’s lawyers said in a letter to the defendants that the land the temple was situated on belonged to the Islamic council and that the temple had been built without permission.
“Following that, we have been instructed by MAIWP to demand all residents and parties residing on the real estate give vacant possession of the said real estate to MAIWP in good and orderly condition with all buildings and construction that have been built without MAIWP's permission, agreement or approval to be completely demolished and removed,” the letter said.
In a supporting affidavit sworn by MAIWP’s legal unit manager Wan Mohd Sanusi Mohd Noor, he claimed that the real estate was subject to conditions that it be used only as the site for a surau and other activities related to the Islamic faith.
He said that MAIWP had suggested the building of a surau on the land for Muslim residents of Taman Sri Kuching, following requests from residents.
“However, the plaintiff was unable to do so because it was found that there was already a house of worship, which is a Buddhist temple, that had been built on the land without the permission or approval of the plaintiff,” the affidavit said.
Despite the description, the temple is not Buddhist. Na Tok Kong, also called “Datuk Kong” or "Datuk Keramat", is a Chinese guardian deity that has roots in both the Taoist ancestral worship and the pre-Islam Malay practice of guardian spirit worship.
A Datuk Kong idol is usually depicted wearing the Malay headgear of songkok, with items from the Malay culture decorating the shrine — sarong, baju Melayu, rattan cane, Jawi script, ornaments for the Aidilfitri celebration, or keris.
kt comments: Chinese defending Malay culture against foreign encroachment, like Chinese sweeties wearing the delicious delectable desirable sarong kebaya
😁😂😃😅😆😊
The other defendants in the suit are the temple itself, residents of the temple, and all people residing on the land.
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