HIGH COURT MALAYA MELAKA
TENAGA NASIONAL BHD – Appellant
Versus
PENGARAH TANAH DAN GALIAN MELAKA & ANOR – Respondent
Introduction
[1] The Tenaga Nasional Berhad (the applicant) seeks an order for certiorari to quash the decision of the first respondent as reflected in two letters dated 20 June 2019 and 29 July 2019 (collectively referred to as "the impugned decision"). This application was made under O 53 r 2 Rules of 2012 (ROC 2012). Leave under O 53 r 3 ROC 2012 had been granted on 17 October 2019.
[2] The impugned decision was in respect of the enforcement of the amendment provisions of r 1(5) and r (1)(a)(x), 19(1)(b)(vii) and 19(1)(c)(vii) Malacca Land Rules 1966 (MLR) in imposing temporary occupation license (TOL) charges of RM500 per year for those utility boxes (UB) currently on State land and/or reserved land (hereinafter referred to as "the subject lands"). The applicant was to apply for the TOL for otherwise they would be committing an offence under s 425 NLC . The applicant has more than 1,000 UB in the form of feeder pillars and link boxes all over the State of Malacca.
[3] The applicant contended that, among other things, the impugned decision was illegal, against public policy, ultra vires, unconscionable, unreasonable and tainted with procedural i
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