GROUNDS OF DECISION

1. On 28.02.2002 I dismissed with costs the application by the Applicants for judicial review. In doing so I stated that I would give the reasons in the event of an appeal. As there is now a Notice of Appeal filed this is therefore the reasons for the dismissal.

2. In their application the Applicants sought for several relief namely:

"(1) An order of certiorari to remove into this Honourable Court and to quash forthwith the decision by Tawau Municipal Council, as contained in its letters dated 16 July 2001, 6 July 2001 and 30 April 2001 to ATS Land Sdn Bhd, to terminate or revoke the approval dated 20 April 2000 granted to ATS Land Sdn Bhd to operate or manage the market known as Fuji Market on the lands held under documents of title TL 10751123 and TL 10751124 at Jalan Sin Onn, Tawau;

(2) A declaration that any decision by Tawau Municipal Council to terminate or revoke the approval dated 20 April 2000, granted to ATS land Sdn Bhd to operate or manage the market known as Fuji Market on the lands held under documents of title TL 10751123 and TL 10751124 at Jalan Sin Onn, Tawau, on the reasons or the grounds as stated in Tawau Municipal Council’s minutes of meetin