(See Makkal Osai 27/2/13 at page 3)
Septuagenarian challenges NRD denial of citizenship
- Hafiz Yatim
- 3:27PM Feb 28, 2013
A 70-year-old, has filed a judicial review at the Kuala Lumpur High Court today challenging the authorities’ refusal to issue him a MyKad and his citizenship, purportedly because of his "bad character".
R Kolandavaloo, a plumber, was accompanied by his lawyer M Manoharan, in filing to the application to quash the National Registration Department’s Sept 9, 2011, decision not to issue a him a blue IC despite being born in Klang in 1943.
He named the home minister, the NRD director-general and the federal government as respondents.
Kolandavaloo (right), a permanent resident, is seeking leave for a certiorari order to quash the NRD decision, which decided not to issue the IC on the grounds of his "bad character" .
He is also seeking a mandamus order to compel the respondents to issue a citizenship certificate and MyKad to him. Kolandavaloo is also seeking general damages, costs and other relief deemed fit.
In his application, Kolandavaloo claims tha it violated Article 16 of the Federal Constitution, describing the decision as subjective, and the reasons given do not satisfy rules of natural justice, and that the NRD acted without any reasonable excuse, in judging him as a person of "bad character.
Such actions had prejudiced the applicant and the NRD reasons in saying the decision is final and that no appeal would be entertained were too brief, an unsupported subjective excuse, read the application.
Born in Klang Hospital
Kolandavaloo, was born on Oct 22, 1943, at the Klang Hospital, and his supporting affidavit states that he has four other siblings who had been made citizens.
He married a local citizen with whom he has four children, all citizens. Since 1983, he has been applying for his citizenship, all in vain.
He went to the NRD in Shah Alam on Aug 3, 2010, to submit all the required documents for citizenship and made the necessary payment. He sat for the Bahasa Melayu test on March 23, 2011
Hence, Kolandavaloo said he was shocked to receive the letter dated Sept 9, 2011 in January this year, informing him that his application was unsuccessful.
He claimed that he was not given the right to be heard before the NRD arrived at its decision, thus violating his constitutional right.
Malaysiakini had reported Kolandavaloo’s plight earlier this month in which had he claimed that he there no criminal record against him.