An Ipoh High Court yesterday declined an application to set aside the caveat that was placed in 2006 on the historical Dindings Indian Association (DIA) land situated in Sitiawan.

Judge Zainal Adzam Abdul Ghani ruled on the grounds that the legal chairperson of the association was still in dispute and had yet to be settled by the Registrar of Societies (ROS).

NONE Earlier, DIA life member G Muniandy ( left ) had placed the caveat on the land to prevent DIA chairperson N Krishna from selling the land for development.

In 2009 three DIA office bearers, Krishna in his capacity as DIA chairperson, M Viswanathan as DIA secretary and T Ramanthan as DIA treasurer, had filed an application at the Ipoh High Court to set aside the caveat.

At the court session yesterday, Muniandy’s counsel M Mathialagan in his preliminary objection argued that the three applicants in their present capacities in the association did not have the right to file the application.

Mathialagan argued that as the DIA land is vested with the trustees only they can file the application.

He further argued that the three applicants had not shown proof of their positions in the association, and said that the legal chairperson was still an unresolved dispute presided over by the ROS.

Leadership tussle

Meanwhile the court also adjourned another case linked to the DIA leadership tussle for hearing on Oct 28 after Krishna’s counsel Saodah Md Yasin sought the adjournment to seek advice from her client.

NONE On June 22, 2007, 29 DIA members had filed an application in the Ipoh High Court to order Krishna to give them the receipts for the association’s subscriptions that they had paid in 2005 and 2006.

According to the case facts, Krishna had walked out of the DIA’s AGM on March 31, 2001 after a dispute, and the association members had then elected K Munusamy to act as DIA chairperson.

Krishna however convened another AGM on Oct, 28, 2001 at which he was elected DIA chairperson, leading to a dispute over the rightful chairperson being raised with ROS in 2004.

NONE On June 16, 2004, ROS state director Noor Paridah Mohd Noor ordered another AGM to be held on Aug 1, 2004 to finally settle the leadership issue.

According to Mathialagan, Noor Paridah had directed that whoever wins the chairperson post as a result of that AGM should accept all members from both the two opposing camps.

Krishna, who eventually won the post, did not comply with ROS’s instructions and refused to accommodate members from his rival faction, leading to the 29 DIA members filing their case.