Putrajaya, which is challenging the Kelantan government's granting of licences to exploit land in Gua Musang claimed by the Orang Asli community, has failed to secure an injunction against the licence holders comprising five companies.

The Kota Bharu High Court dismissed Putrajaya's application to stop the companies from further occupying the land, according to online portal FMT.

Justice Wan Ahmad Farid Wan Salleh, in his decision, said the injunction would be tantamount to a restraining order against the Kelantan government which granted the licences to the five companies.

“It is trite law that no injunction can be given against the government (state or federal), directly or indirectly,” he was quoted as saying.

The five companies, Fleet Precision Sdn Bhd, Koperasi Kijang Mas Negeri Kelantan Bhd, KPG Maju Enterprise Sdn Bhd, Ringgit Saksama (M) Sdn Bhd and M7 Plantation Bhd, are primarily engaged in durian and rubber plantations.

Putrajaya had wanted the five companies to cease activities in the disputed lands claimed by the Temiar tribe pending the hearing and decision of the challenge.

The Kelantan government had tried to get the legal challenge thrown out but its application was dismissed by the Kota Bharu High Court in August. It is now appealing to the Court of Appeal. 

Ahmad Farid, in his decision, said the companies should confine their activities to 4,000ha of cultivated land, even though licences have been granted for them to enter an area of 30,000 hectares, pending a conclusion of the challenge.