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2007 MarsdenLR 2505

HIGH COURT MALAYA KUALA LUMPUR
ONG SEE TEONG & ANOR – Appellant
Versus
TENAGA NASIONAL BHD – Respondent


Petitioner Advocates:William Leong Jee Keen ,Respondent Advocate: Dato' Cyrus Dass,Steven Thiru,Shamsul Bahrin

JUDGMENT

Wan Afrah Wan Ibrahim J:

The Application For Judicial Review

[1] This is an application for judicial review of the respondent's decision dated 21 June 2007, pursuant to a notice issued under s 13 of the Electricity Supply Act ("ESA 1990"), whereby the respondent sought to, inter alia, enter into the lands belonging to or occupied by the applicants in Kampung Sungai Terentang to carry out the following activities:

(i) to carry out works to upgrade the distribution supply lines from 33kV to 275 kV and to lay and place supply lines within the areas where posts have been erected and to construct and to reserve a 5 foot pathway for the inspection of the said lines;

(ii) to use the existing access road and lanes for the construction and completion of all of the above works;

(iii) to carry out maintenance, repairs and upgrading of the electrical installation from time to time;

Relief Sought

[2] The substantive orders sought by the applicants in this judicial review proceeding are as listed down below:

(i) an order of certiorari to quash the decision of the respondent in issuing the notice under s 13 ESA 1990.

(ii) stay order against the respondent to carry out the works pending the disposa

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