Media statement by M.Kula Segaran MP Ipoh Barat and DAP National Vice Chairman in ipoh High Court on 10th October 2017

Pamelo farmers faces eviction. Will the Government step in to help genuine honest and hard working farmers


DALAM MAHKAMAH TINGGI MALAYA DI IPOHDALAM NEGERI PERAK DARUL RIDZUAN, MALAYSIA


ANTARA

1. KOK SIEW TONG 2. KOK TUCK SENG 3. KOK TUCK MENG 4. LOKE KOK HENG

5. CHAN YIN MENG 6. CHIN FAN CHIN 7. CHAN CHUEN FATT

… PLANTIF-PLAINTIF 1. LEE TOON HIAN DAN

2. PENGARAH TANAH DAN GALIAN, PERAK … DEFENDAN-DEFENDAN


Facts of the case

1. The Plaintiffs are a group of pomelo farmers and have resided at a land known as PT 24482, H.S. (D) 225652, Mukim Sungai Raya, Daerah Kinta (hereinafter referred as “the said land”) either by themselves of their family members for the past 70 years.


2. In 1948, when Emergency was declared to combat the Malayan Communist Party’s activities, the forefathers of the Plaintiffs resided in the said land with the assistance of the Perak State Government who appreciated the assistance of the Plaintiffs’ forefathers combating the Communists.


3. They have diligently harvested pomelos and durians in the said land amongst others. It also still exists on the said land provisional huts erected by the Plaintiffs to aid them in harvesting fruits, especially pomelos.


4. Via assistance and encouragement from the 2nd Defendant, the Plaintiffs and/or their family members have for all material times applied for alienation of the said land to themselves, as this is their only means of income for generations.


5. In fact, the Plaintiffs and/or their families successfully got Temporary Occupational Licenses (“TOL’s”) in the 1980’s. In fact, all through this period, the 2nd Defendant and/or their agents and/or their servants duly assisted and encouraged the Plaintiffs to apply for the said land.


6. The Plaintiffs have invested a substantial amount of monies to maintain, upkeep and improve the farming conditions of the said land.


Today the matter was heard by High Court Judge Yang Arif Datuk Che Mohd. Ruzima Ghazali,. Lawyer Yunus Ali for the land owner Lee toon Hian and 1nd Defendant. Government lawyer Teoh Chin Thong acted for the second Defendant- the Land Office Perak

M.Kula Segaran and Mr.Omar Kutty appeared for the all Plaintiffs.

Today the case was argued in full.

The Government lawyer Teoh said the Government has absolute discretion to give the land to any one which includes the first Defendant Lee Toon Hian. As such the action of the 7 Plaintiffs is wrong.

Lawyer Yunus Ali argued the 7 Pliantiffs are occupying the land without permission from his clients. His Client has legal title over the land and the 7 Plaintiffs out to be thrown out. It was their land earlier as they were mining for tin there.

We said the 7 Plaintiffs applied for the land many years before the land was given by the Government to Lee Toon Hian. Only after the land was given to Lee Toon Hian did they know how they have been mislead. The 7 who are farmers toil the land and it’s the only souce of income for them. If there is Justice these farmers should not be evicted.

Case is now fixed for Decision on 15th November 2017

M.Kula Segaran