The landowner of the 'Sky Kingdom' commune, Che Minah Remeli, 58, will appeal against the dismissal of her petition for committal proceedings against the Besut district land office.

Her counsel Haris Mohamed Ibrahim said the judge could not find a prima facie case ."We have already received instructions to file an appeal and we have 30 days to do so."

In dismissing the leave application last Sunday, Kuala Terengganu High Court judge Ahmad Maarop was quoted by Bernama as saying that Che Minah had failed to submit evidence showing that the court order had been handed directly to the defendants.

On Jan 8, she filed a leave application to initiate proceedings against Besut Land Administrator Wan Zahari Wan Ngah and his assistant Mohamed Iskandar Muhammad Aziz for contempt of court .

Che Minah is the first wife of self-styled spiritual leader Ayah Pin or Ariffin Mohammad, 65.

On July 31 last year, the defendants allegedly ignored a Kuala Terengganu High Court order issued on June 21 when they proceeded with the demolition of a cluster of giant structures on Che Minah's land at Kampung Batu 13 near Jerteh, Hulu Besut.

The court order allowed her to seek judicial review on a notice issued by the district land office on April 28 which gave her 30 days to demolish the buildings.

Notice sent

On July 18, a show-cause letter under section 129 ordered her to appear before an inquiry panel on July 31 and to explain why action should not be taken for failing to demolish the structures as per the earlier notice.

Two days later, Che Minah's lawyers sent a letter asking the district land office to immediately withdraw the show-cause letter by July 23 on grounds that it was in contempt of the high court order.

On July 31, the land office assumed temporary ownership of the land and ordered the demolition to proceed.

The replicas, a giant teapot, an umbrella tower and a vase among other buildings with an estimated value of a few million ringgit, had been erected in stages since 1998 through contributions of Ayah Pin's supporters and followers.

The 'Sky Kingdom' commune had also witnessed a mob attack by unidentified assailants and a religious authority raid, which drove Ayah Pin and Che Minah into hiding. They have been missing since.

Terengganu police have yet to apprehend or charge anyone in relation to the attack on the commune.