However, prior to Mayor Chalermluk statement, a legal representative of the company who leases the land, Paradise Beach Management Company, held a press conference in which they stated the building is legal and that they are prepared to take legal action against Patong Municipality regarding the matter.
Speaking to The Phuket News yesterday Mayor Chalermluk said, “Regarding the building at Paradise Beach, Paradise Beach Management Company failed to convince us that the SorKor1 document numbered 276 that they hold is in fact for the land where the structure sits.
“Neither the Provincial Land office nor Kathu Land Office could confirm that the Sorkor1 relates to the land in question. They could only confirm the existence of it,” she said.
“We have asked Paradise Beach Management Company to bring more proof of land ownership, and also requested that the actual land owner and owner of neighbouring land come forward. This has not happened.
“In addition, the land official who has told Paradise Beach Management Company that the land document is legal is in fact from another district.
“I am certain that the Sorkor1 document held by Paradise Beach Management Company is for the land where the building sits and that the land is within land reform territory. Furthermore, the court has already issued an order that the claimant of the SorPorKor abandon the site.
“All information held by my office is clear, so why should we allow any building to be constructed there?
“Paradise Beach Management Company’s paperwork is incomplete and the committee overseeing the issue has no voted for the building to be demolished,” she added.
At the press conference held by Paradise Beach Management Company’s legal representative Mr Nathat Prasetnatikul, he said, “Paradise Beach Management Company made a request for a building permit in Aug 2015 and Patong Municipality accepted all relevant documents on September 4. However, they later informed that the paperwork was incomplete and that additional documents were required.
“On October 22, Mayor Chalermluk issued a letter to the Provincial Land Office and Agricultural Land Reform Office (ALRO) requesting they investigate the Paradise Beach land and confirm whether it falls within forest land or land reform territory,” Mr Nathat said.
“Then on November 3, Mayor Chalermluk told Paradise Beach Management Company that they needed 45 days more to reexamine all the documents,
“The next day (Nov 4), ALRO advised Paradise Beach Management Company that the land with the Nakkerd Hills and that it is within land reform territory. They also said that they were in the process of cancelling the SorPorKor held by the land claimant Mr Sophon,” he added.
Mr Nathat also said that in December 2012, Mr Sophon notified ALRO to say that he had bought the land in 1981 from a Mr Khew Wandee and Mr Chit Hendai, and at that time he requested permission to use the land for farming. However, the court said rejected his request. However, he insisted that he still has a right to use the land as he held the SorKor1.
“On November 17, the Provincial Land Office told Mayor Chalermluk that Kathu Land Office had the power to investigate of the SorKor1 held by of Paradise Beach Management Company. However, Kathu Land Office said it could not proceed with the investigation as it is job of the district office, and that they could only look into the matter if the land owner requested to upgrade to the SorKor1 to a Chanote,” Mr Nathat said.
“Then on Nov 19, Mayor Chalermluk asked Kathu Land office to check the SorKor1 to see if it was a legal document. She also wanted to know if the Sorkor1 is for land in a land reform area.
“Kathu Land Office confirmed to Mayor Chalermluk on Nov 27 that the SorKor1 Paradise Beach Management Company holds is for land at Paradise Beach, but they would not be able to investigate further unless the owner made a request.
“On Feb 27, 2016 Mayor Chalermluk rejected the building permit requested by Paradise Beach Management Company, at the same time the company filed a lawsuit against Patong Municipality and filed a complaint at the Darongtham Centre,” he added.
“On Apr 21, the Provincial Land Office confirmed that the SorKor1 held by Paradise Beach Management Company can be used to obtain a building permit. However, Mayor Chalermluk has insisted that an investigation is made and that the land is surveyed before she can grant a permit.
“Paradise Beach Management Company insist that they have followed the correct procedure for requesting the permit, however, they feel that Mayor Chalermluk has denied them their right to build on the land.
“Moreover, Patong Municipality has no power to investigate land documents, their job is only to say yes or no to a building permit request,” he said.
“We do not own the land or have any right to the land, but we lease it from the rightful owner and we have lease documents to proof it In addition, we have not yet received the demolition order, As soon as we do we will appeal and take legal action,” Mr Nathat concluded.