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ALOR STAR: The Kedah Islamic Religious Council (Maik) has filed an application to strike out a suit filed by the Save Madrasah Salihiah Action Committee (SMSAC) over its decision to demolish the madrasah which sits on a 106-year-old wakaf (endowment) land in Jalan Tambang Badak here.
Counsel Nawal Harun, appointed by Maik, filed the application at the High Court Registrar's office here on Monday.
In its application, the council claimed the suit filed by the committee was scandalous, frivolous and an abuse of the process of the court.
Judicial Commissioner See Mee Chun who heard the case in chambers here yesterday, fixed Sept 9 for the hearing.
On May 6, the committee filed a fresh suit in its bid to preserve the madrasah from being torn down.
The suit was filed by Jamludin Murad, 67, Fadzli Ishak, 69, Fidel Firaidi Mustafa and his twin brother Fidel Firaidid.
The twins are descendants of Siti Aishah, who had endowed the land for the sole purpose of building a place of worship.
In their application, the four named the council as the first defendant, and the Kota Setar District Land Office and the state government, as the second and the third defendants respectively.
The four are seeking a court declaration that the sale of the land was against the provisions of the National Land Code and for the land to be returned to the council which is the caretaker.
On May 14, the High Court here issued a temporary restraining order barring all the defendants from tearing down the madrasah.
The court had also ordered the council against disposing the RM1.43 million compensation it had received from the land office from the sale of the land where the madrasah now stands.
On June 4, the High Court extended the restraining order for five weeks. It expired yesterday.