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Chong, who resigned in protest last April as a member of Musa’s cabinet but remains a Barisan Nasional state assemblyperson, filed the writ this morning in his capacity as chairperson of the Kudat Thean Hou Charitable Foundation.

Also named in the writ are the state secretary; the permanent secretary of the housing and local government ministry; and chairperson of the central town and country planning board, and the Kudat Town Board.

In the statement of claims, a copy of which was made available to Malaysiakini, he alleged that the chief minister had infringed on the rights guaranteed to him and other foundation members under Article 11 of the Federal Constitution (freedom of religion).

He said the chief minister had also abused his powers in ordering the withdrawal of approval for the project. Local authorities in the fishing village of Kudat had approved the construction of the 36m statue of Mazu in December 2005.

Workers had completed the platform - claimed to cost more than RM1 million - as part of the construction of the RM5 million project, when the state government ordered work to stop the following year.

This decision was reportedly made after the state mufti issued a fatwa (religious decree) in July 2006 on grounds that construction of the statue was "contrary" to Islamic teachings. Objections were also expressed by local Umno members.

Chong’s lawyer, Ansari Abdullah, said his firm had filed a motion on Dec 12 last year to appeal against the government’s decision.

"We will serve the writs on the persons named once the motion has been fixed and sealed," he said.

The plaintiffs are seeking specific and general damages covering repairs to the platform arising from erosion or other factors; storage costs for shipping containers at RM10,000 a month; and additional costs of insurance, transport, labour and building materials among others.

In addition, they want a declaration:

• that the fatwa is unconstitutional;
• that the letter of approval dated Feb 8, 2006 is valid;
• that the letter of withdrawal of approval dated Nov 15, 2007 is null and void ; and
• that directions and orders by the chief minister to other defendants is male fide and/or in abuse of his power and/or ultra vires the relevant planning laws.