Abdull Hamid Embong JCA:

[1] This appeal is lodged against the decision of the learned High Court judge in dismissing the appellants' application for judicial review with costs.

[2] In the High Court, the appellants sought to challenge an administrative decision taken by the first respondent (ie, Datuk Bandar Kuala Lumpur) in connection with a proposed burial ground neighbouring the appellants' condominium. The learned judge found that:

(a) the preliminary issue raised by the respondents were sufficient to dismiss the application; and

(b) in any event, the learned judge concluded that the grounds advanced by the appellants in support of the judicial review proceedings were not made out and dismissed their substantive motion.

[3] Earlier, on 18 November 2003, an originating summons (OS) was filed by the Desa Kiara Condominium Residents and Owners Association (DKORA) against the first respondent seeking for the following prayers:

(a) An injunction prohibiting Majlis Agama Islam Wilayah Persekutuan, (now the Second Respondent), and Datuk Bandar Kuala Lumpur, (now First Respondent) from developing or using Lot 84 (formerly Lots 920, and 921) and Lot 1560 as a burial ground;

(b