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School demolition - a case against the education minister?

I refer to malaysiakini's report Classes as usual for 'to be demolished' school .

The school directors should ensure that their claim includes a claim against the education minister for dereliction of his duties under the Education Act if the background of the case shows that somehow the title of the land on which the school was built was negligently transferred to the developer (the line of succession must be examined carefully).

Some years ago, I acted as senior counsel for Kheow Bin School in Kuala Lumpur against the developer to stop a similar situation which was threatening the very existence of the school.

After investigation of the facts and background, we made out a case against the developer, the education minister and the registrar of titles on the ground that the minister had neglected his statutory duty to provide for the school to be built on land legitimately earmarked for it and that the registrar had somehow allowed a transfer to the developer when it had correspondence in its files showing that the title was supposed to belong to the school.

After protracted legal submissions under administrative law, the learned judge, the late justice Ajaib Singh, literally forced a satisfactory settlement on the parties, i.e. the developer agreed to move his boundary fence to accommodate the school. And everyone was happy at the end.

The current Education Act still has similar duties for the minister and it is possible the current problem faced by SRJK Sin Chung could be similarly solved.


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