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2024 MarsdenLR 192

HIGH COURT MALAYA SHAH ALAM
NIVETHAH THAMAYANDIRAN & ANOR – Appellant
Versus
KETUA PENGARAH JABATAN PENDAFTARAN NEGARA MALAYSIA & ANOR – Respondent


Petitioner Advocates:Gurdial Singh Nijar,Abraham Au,Lim Sze Han ,Respondent Advocate: Mohammad Sallehuddin Md Ali

JUDGMENT

Choong Yeow Choy JC:

Introduction

[1] The matter before this Court concerns the religion of the Plaintiffs.

[2] The Plaintiffs, Nivethah a/p Thamayandiran and Swetha a/p Thamayandiran, seek two broad categories of reliefs. The second set of reliefs are consequential to the granting of the reliefs sought under the first broad category.

[3] The first are declarations that are general in nature, namely, (a) that the Plaintiffs' religion is, and has always been, Hindu; and (b) that all laws made by the Selangor State Legislative Assembly under the Ninth Schedule, List II, Item 1 of the Federal Constitution , including the Administration of the Religion of Islam (State of Selangor) Enactment 2003 do not apply to or affect the Plaintiffs.

[4] The second type of reliefs sought by the Plaintiffs are targeted primarily at the 1st defendant, the Ketua Pengarah, Jabatan Pendaftaran Negara. In the event that this Court grants the first type of reliefs sought by the Plaintiffs, they seek the following Declaration/Order, namely, (a) that the Plaintiffs are entitled to be issued identity cards by the Defendant in recognition of their religion; and (b) an order in the nature of Mandamus direc

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