JUDGMENT

Zailan Adzam Ghani JC:

The plaintiffs by a summon in chambers applied for an interlocutory injunction against the two defendants to restrain them from demolishing the Sri Muniswaran temple at Jalan Kisap, Kuah, Kedah. They are the committee members of the said temple. The first defendant is the Majlis Perbandaran Langkawi and the second defendant is the State Government of Kedah. The application was ex parte accompanied with a certificate of urgency and an affidavit in support. After a brief hearing the interlocutory injunction was granted against the first defendant but not against the second defendant as the facts in their affidavit disclosed that only the first defendant was actively involved in the impending demolition exercise. The matter was then adjourned to enable the plaintiffs to serve the two defendants the necessary documents for an inter partes hearing. That hearing was then conducted on two dates and hence this decision.

The facts of this matter before me are briefly as follows. The plaintiffs claimed that the temple has been in existence at the location since 1928. It was built and used by plantation workers on a rubber plantation owned by a British company wit