Temple mulls suit against HEB over Batu Kawan cemetery

The tussle over a cemetery in Penang is expected to take a legal twist, with the temple committee thinking about filing a suit.

BATU KAWAN: A local Hindu temple management committee plans to take legal action against the Penang Hindu Endowments Board (HEB) for attempting to take over a cemetery near the state stadium here.

Chairman of the Ladang Batu Kawan Hindu temple, A Nallakumar, claimed that HEB had no right to claim the temple-owned cemetery land.

He said the management committee was now discussing the matter with its lawyer to file a suit soon with the High Court.

Besides HEB, the Pakatan Rakyat state government and Deputy Chief Minister II P Ramasamy, who is also Batu Kawan MP and Prai assemblyman, were expected to be named as defendants in the suit.

“We will not compromise with anyone on this issue. The land is ours and we will resist till the end against any attempts by anyone to steal it,” vowed Nallakumar.

Last week, Ramasamy announced that HEB, which he heads, had planned to take over the cemetery.

The nearly 200-year-old Hindu cemetery had some 1,800 burial grounds.

The six-acre cemetery had existed since 1817 under the Gangai Malai estate established by the British colonial masters. Gangai Malai estate was later renamed Ladang Batu Kawan.

Ramasamy claimed that the cemetery was abandoned by the temple management since the Penang Development Corporation (PDC) acquired the area to build a new township during the previous Barisan Nasional (BN) administration.

New graveyard

However, Nallakumar dismissed Ramasamy’s claim as “lies”.

“We were using the cemetery until 2006 when the authorities stopped us. We were then told to use the new graveyard land given to us,” he told FMT.

During BN’s rule, he recalled that PDC had taken over half of the cemetery land without any consent from the temple committee during the construction of the stadium.

However, he said strong resistance from local residents stalled PCD’s attempt to take over the remaining cemetery land.

PDC, he said, later compensated the temple with a new four-acre graveyard land, some two kilometres away, for the old cemetery land, part of which now lies beneath the stadium complex.

Nallakumar produced documented evidence to show that the BN state government then had promised that it would not touch the remaining cemetery land.

He said the BN government was having negotiations with the local residents to officially retain the remaining land under the temple ownership when a change of government took place in the 2008 general election.

Plan hijacked

He said the temple committee then explained and sought Ramasamy’s help to expedite the handing over.

He said the temple committee also sought state funds from Ramasamy to carry out a beautification and landscaping project in the cemetery.

“However, instead of handing over the land and giving us funds, Ramasamy suddenly plans to take over it. We will never allow this.

“The cemetery does not only belong to the temple and local residents, but to all Penang Hindus. HEB has no right over our land,” said Nallakumar.

Demonstrations by the residents and a rival pro-Ramasamy group had taken place this month over the cemetery ownership dispute.

On Sunday, things nearly turned into a free-for-all when rival groups began a shouting match against each other during a pro-Ramasamy group’s demonstration near the cemetery.

Ramasamy’s cemetery plan was also criticised by the Human Rights Party (HRP).

Citing Section 94 of the Local Government Act 1976, HRP pointed out that it was incumbent on the Seberang Perai Municipal Council (MPSP), and not the HEB, to gazette, manage and maintain the burial ground.