[2023] 3 MLRA 549
Court of Appeal, Putrajaya
Azizah Nawawi, S Nantha Balan, Lim Chong Fong JJCA
[Civil Appeal No: W-01(IM)-37-01-2022]
Azizah Nawawi, S Nantha Balan, Lim Chong Fong JJCA


S Nantha Balan JCA:


[1] This is an appeal by Mr Ranjan Paramalingam ("Ranjan") and Mr Jude Micory Lobijin ("Jude") (collectively, "the Appellants") against the decision of the learned Judge of the High Court ("the Judge") dated 21 December 2021, which dismissed the Appellants' application (per encl 30) made pursuant to O 53 r 4(2) and r 8(1) Rules of Court 2012 ("ROC") to intervene in Kuala Lumpur High Court Application for Judicial Review No WA-25-198-07/2020 ("JR 198").

[2] The parties in JR 198 are Persatuan Penduduk Taman Bangsar (Bangsar Park Residents' Association) ("the Association") as the applicant and Datuk Bandar Kuala Lumpur ("DBKL") as the respondent.

[3] The parties to the present appeal are the Association and DBKL as the 1st and 2nd Respondents respectively.

JR 198

[4] JR 198 relates to the Gated and Guarded Neighbourhood Scheme ("G&G scheme") which was implemented by the Association over part of a residential neighbourhood known as Bangsar Park, specifically along Jalan Limau Nipis, Jalan Limau Kasturi, Lorong Limau Kasturi and Lorong Limau Manis 2. The purpose of JR 198 was essentially to quash DBKL's decision rendered via their letter dated 22 June 2020, wherein they declined to give approval for the G&G scheme, and consequently for an order of mandamus to compel DBKL to grant permission/approval for the G&G scheme.

Ranjan And Jude

[5] Ranjan is the owner of property at No 79, Jalan Limau Manis, Bangsar Park, 59000 Kuala Lumpur ("the house"). Jude is the tenant of the house. The front of the house faces Jalan Limau Manis. The Association maintains that the house is outside the G&G scheme. Whilst it is true that the front of the house is not within the territorial boundary of the G&G scheme, the side road and back lane to the house are however, squarely within the G&G scheme. Thus, access to the side road and back lane to the house would be subject to compliance with the security protocols that were put in place under the G&G scheme. In so far as the Appellants are concerned, they were at all times opposed to the G&G scheme. The Appellants take the position that the Association has no right to implement the G&G scheme and have no right to obstruct and/or hinder their access to the side road or the back lane or indeed to restrict access to all those public roads within Bangsar Park which fall within the G&G scheme.

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