High Court steps in
Local council’s inaction forces traders to take court action against illegal occupation of parking lots
KUCHING: It takes a High Court judgement yesterday to resolve the grievance of traders and shop owners over the illegal occupation of parking lots at the Rock Road Mile 3 Maong Bazaar here by a trader for his Chinese New Year goods stall.
The High Court issued an interim injunction ordering the stallholder, Ang, to restrict himself to occupy only three vehicle parking lots as stated in a temporary permit issued to him by the Padawan Municipal Council ( MPP) which is expiring today (Jan 25).
In the same Order, the MPP head of Legal and Enforcement Division and the MPP were also restrained from issuing any temporary permit to Ang to make use of any lot within any carpark at the Maong Bazaar until further order of the Court.
Batu Lintang assemblyman See Chee How together with four others who were registered proprietors, tenants, business owners and stakeholders of the shophouses at the Maong Bazaar, in a representative action brought the case to the High Court after MPP did not take action despite their complaints over Ang’s occupation of the extra parking lots.
The plaintiffs also challenge the legality of the MPP’s issuance of a temporary permit to one single stallholder to occupy three car parking lots while other traders were allowed only one parking lot each.
They complained that Ang’s action exacerbated the acute shortage of car parking spaces to serve the plaintiffs and the shoppers who frequent the Maong Bazaar which also includes a popular wet market.
Describing Ang’s deeds as unwarranted, unreasonable and a selfish exploit, the plaintiffs claimed that it had immediately caused annoyance, displeasure and anguish amongst the registered proprietors of shophouse units at the Maong Bazaar, tenants, business owners, stallholders and shoppers who were already struggling with the insufficient car parking spaces and congestion.
The plaintiffs further complained that the ongoing occupation and blocking of motorcycle parking lots and vehicle parking lots by Ang had also interfered with the business and or goodwill of all the registered proprietors, tenants, business owners and stakeholders who had an interest in the shophouses at the Maong Bazaar.
I am disturbed with such preferential treatment accorded to Ang, and the gross indifferent attitude of the local authority to his misconducts. See Chee How, Batu Lintang assemblyman
They also brought a case against MPP head of the Legal and Enforcement Division for alleged misfeasance and MPP for misconduct and failure to act according to the regulations and bylaws of the Local Authority Ordinance.
See, when contacted, said that he had tried to persuade Ang to be reasonable and stop his illegal occupation of the parking lots, to yield up spaces for the convenience of all others, but he refused.
“It is the authority of the Padawan Municipal Council to issue temporary permits and I have no objection to stallholders who are carrying out their trade lawfully.
“However, I am disturbed with such preferential treatment accorded to Ang, and the gross indifferent attitude of the local authority to his misconducts which has caused grave inconvenience to all business operators and shoppers at the Maong Bazaar,” explained See.
“The matter was also brought up with the Padawan Municipal Council but no action was taken. There seems to be some confusion amongst the top officers in the Council as to why and how the temporary licence was issued to Ang to occupy three car parking spaces while others were only given permits to one car parking space,” said See.
At the hearing yesterday, the plaintiffs were represented by Desmond Kho, Jamilah Baharuddin and Jeffrey Mok.
Ang and the MPP were served with the application but Ang and the Council did not attend the hearing yesterday, either by themselves or through their legal representation.
Meanwhile, MPP chairman Lo Khere Chiang when contacted, said MPP would have to abide by the Court’s decision.
“Since it requires administrative action, the Council secretary Andrew Joris Noyen will have to carry out the order of the Court.”
Joris, when asked why Ang was allowed to occupy three parking lots while others were only given permits to one car parking space, said the permit approval to the stallholders was done after the assessment done by MPP enforcement officers on the ground.
“The stallholder ( Ang) had applied for three parking lots to trade and might have ‘over extended’ his occupation of the parking lots which is not in accordance with the permit issued to him,” he said when contacted.
Joris said the stallholders were supposed to trade at the back of Maong Bazaar but since Chinese New Year was coming, MPP issued permits for traders to trade in front of the bazaar for one week before Chinese New Year.
In previous years, he said MPP’s role was just only as facilitator and would issue a permit to one permit holder.
“The permit was controlled by an operator. It was up to the operator to allocate the lots to those who want to trade. This year, they just applied for the permit individually. For those who applied, MPP only gave them one week until Chinese New Year.”
The High Court had scheduled to hear the application inter parte on Feb 1.