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Wednesday, January 21, 2015

History of rotation agreements culminates in family tussle over Line Clear

The famous Line Clear nasi kandar restaurant in a back alley along Penang Road in George Town is back in operation after the Penang town council officers removed chairs and tables on Monday. – The Malaysian Insider pic, January 21, 2015.The famous Line Clear nasi kandar restaurant in a back alley along Penang Road in George Town is back in operation after the Penang town council officers removed chairs and tables on Monday. – The Malaysian Insider pic, January 21, 2015.As complex and heated as the flavours of nasi kandar are, so too, is the family tussle over the operations of the Line Clear stall in a George Town back alley selling the popular Indian-Muslim meal of rice and dishes.
A highly publicised spat between cousins over who should run the business has a long history of rotation agreements that may now be under contention.
The iconic 24-hour restaurant hit the news when the Penang Island Municipal Council’s (MPPP) enforcement cleared the public alley it occupied for more than 60 years, in a 4am operation on Monday.
“The enforcement action is in line with the provisions under the Hawkers Bylaw 1979,” the MPPP said in a statement, adding that a licence to a new operator has been issued following a decision made by the council on October 8, last year.
The council today said it was not closing down the eatery but wanted to ensure that it was operated by the correct licence holder.
Twenty-eight years ago, three operators – Thulkarnai S.Naina Mohamed, N.Aisha Kalandar Mustan and Rahimathollah Naina Mohamed – had signed an agreement to rotate the administration of the business on an annual basis.
Signed on February 10, 1987, the agreement affirmed that they were all rightful and registered owners of the shop in the back lane beside 161 Penang Road.
The document shows the three parties agreeing to terms of the rotation, that each party would administer and upkeep the shop for one year starting on January 1, 1988 with Thulkarnai, and the subsequent year with Aisha, followed by Rahimathollah.
Among the terms were that each operator would pay all bills for the respective year he administers the shop, and settle all debts and loans he may have taken before his rotation tenure ends.
The document also contained agreements on how major and minor repairs would be paid for.
The current operator is Abdul Hamid Seeni Pakeer, whose son Hashim, declined to comment when asked about the document.
Abdul Hamid's name, however, is on the document as one of the witnesses to the tripartite agreement.
Hashim said they had instituted legal proceedings for the court to decide once and for all which party should operate the premise.
“We can all show our documents during the trial, and leave it to the courts,” said Hashim, who's grandfather Seeni Pakeer is believed to have started the makeshift stall that was Line Clear's predecessor.
“Otherwise it is a never-ending story, and the quarrel will continue generation after generation.”
He also said they had resumed the restaurant’s operations a day after the MPPP conducted an operation to clear the lane on Monday. The council had removed tables and chairs in a lorry.
Hashim’s grandfather Seeni Pakeer is said to have started the original stall along the alley which was then known as Lorong Jamban, which got its name from the public toilet located at the end of the lane. The latrine still stands today.
It was later unofficially named as Lorong Seeni Pakeer Coffeeshop before being named N Aishah Nasi Kandar and finally, Line Clear.
The restaurant, which was visited by celebrity chef Anthony Bourdain in 2012, is known for its tradition of the cashier hollering "line clear" after a customer has eaten and paid for a meal.
On June 2 last year, the MPPP, which issues Backlane Hawker Licences, said it would reissue the licence for the site in an attempt to ensure it was run according to the laws.
MPPP licensing department director Azman Sirun announced that such a licence was issued to three individuals in 2012 to run the commercial activity there.
The three were Abdul Latiff Thulkarunai, Sahubarali China Mohd Hanibah and Pathumah Iskandar, all cousins, and all related to the three people who signed the 1987 agreement.
However, the licence holders could not run their business activities because the alley was occupied by Abdul Hamid, who is another cousin, Azman had said.
"According to the agreement between the hawkers, they had agreed to run the commercial activity by rotation every year,” Azman had said.
"In that agreement, the family members had given the opportunity to Abdul Hamid to run the activity from 2008 to 2010," said Azman.
In 2011, Sahubarali who had been specified to take over the operation then could not do so as Abdul Hamid did not hand over the site till the present day, he added.
The MPPP said it intended to take over the site by vacating the area so as to rearrange the hawker's activity in line with the by-laws enforced by the council.
Azman said the action was also to ensure cleanliness and food safety.
- TMI

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