A popular Indian food outlet in Klang, Berkeley Corner, is forced to cease operation after its proprietor failed to obtain leave to appeal for land ownership of the site of the restaurant from the Selangor government.
The Federal Court here dismissed the application on grounds that the question of law submitted by the applicant did not meet provisions under Section 96 of the Courts of Judicature Act 1964.
The business is registered under Kayangan Mentari Sdn Bhd by its proprietor, Muthusamy Thirumeni.
Chief Justice of Malaysia Tun Md Raus Sharif, sitting with judges Tan Sri Hasan Lah and Datuk Balia Yusof Wah, also ordered Kayangan Mentari to pay cost of RM5,000 to the two named respondents, the Selangor Land and Mines Director and Klang Land Administrator.
On March 14 last year, the Shah Alam High Court had dismissed a judicial review application by Kayangan Mentari and it was affirmed by the Court of Appeal on April 10 this year.
Berkeley Corner began operation in 2000 after it obtained a Temporary Occupation Licence (TOL) from the Selangor government.
Since 2004, the licence could not be renewed, but the restaurant continued to operate until now at the site which had been gazetted as a public area.