BRITISH INTERNATIONAL SCHOOL, PHUKET
BRITISH INTERNATIONAL SCHOOL, PHUKET
The Phuket News Novosti Phuket Khao Phuket

Login | Create Account | Search


Legal loophole stalls clearing of illegal land occupiers at Layan Beach

Legal loophole stalls clearing of illegal land occupiers at Layan Beach

PHUKET: A legal loophole has forced MaAnn Samran, Chief of Cherng Talay Tambon Administrative Organisation (OrBorTor), to wait until Friday (July 23) before he can have machinery move in and demolish illegal structures still standing on illegally occupied beachfront land at Layan Beach worth billions of baht.

propertycrimetourism
By The Phuket News

Wednesday 21 July 2021, 10:45AM


Cherng Talay OrBorTor Chief MaAnn Samran (right) talks to one of the illegal occupiers when delivering the eviction notice to vacate the land last month. Photo: Eakkapop Thongtub

Cherng Talay OrBorTor Chief MaAnn Samran (right) talks to one of the illegal occupiers when delivering the eviction notice to vacate the land last month. Photo: Eakkapop Thongtub

After years of fighting with the occupiers to vacate the land, which covers 178 rai along three kilometres of unspoilt beachfront, altogether estimated to be worth more than B10 billion ‒ the latest twist came as two occupiers filed a formal objection to the warrant of execution issued after the Supreme Court had ruled that the occupiers claims to the land were not valid.

The objections came after the illegal occupiers were given seven days final notice on June 21.

Mr MaAnn even gave them a final grace period until Monday (July 19).

“The Supreme Court gave a verdict that defendants won the case. The defendants include the Phuket Governor, Thalang District Chief, Cherng Talay OrBorTor Chief, Department of Lands Phuket Office Chief, and Department of Lands Thalang Office Chief,” Mr MaAnn explained to The Phuket News earlier this week.

“When the defendants won, we became the legal authority for the land. We informed the Phuket office of the Legal Execution Department (LED) to issue a warrant of execution, but when the warrant of execution was delivered, there was an objection and a request to present a lawsuit to the court as a special case,” he continued. 

“Five people presented their special case in the Court of First Instance, five people in the Court of Appeal, and three people in the Supreme Court. 

“All the three courts dismissed the lawsuits. When that was over, we asked the LED to go and check the area so that we could execute our legal authority over the land.

“The LED was host of the execution. When we went to inform the plot owners about the demolition of structures under the warrant of execution. Two men formally objected to the demolition, and we made a report of the men’s objections during the field examination. 

“The men who presented themselves as owners of a restaurant explained that they already had filed a lawsuit in court against three officials: the Phuket Governor, the Thalang District Chief and the Department of Lands Phuket Office Chief,” Mr MaAnn said.

The move forced Mr MaAnn to have his office apply for warrants of arrest for the two men for refusing an official order and ignoring a Supreme Court order.

“Right now, it is in the process of the arrest warrant being issued. If the warrant is issued, then we will go to arrest them and then start demolishing the buildings,” he said.

Brightview Center

“However, right now, the warrant has not been issued yet,” he added.

Mr MaAnn said that his hands are tied, as it is not clear whether of not he has the legal authority to demolish the buildings at this point in time.

“Six of nine operators [illegal occupiers] agreed to move out and have vacated the plots they were occupying. However, one of the three other operators wanted to play a game by vacating about 70% of his plot, the other 30% remains occupied. I already told him that after July 23, I will demolish everything still standing on the plot,” he said.

“As for the two operators who resisted the demolition, we have filed a request to issue arrest warrants for three persons. The two operators were Mr Akkarachai and Mr Leechua. I have to wait until July 23, as the court will hand down its judgement on July 22 and 23.

“After July 23, we will have a meeting with the LED about the demolition. Meanwhile, we will do two actions: organising the machinery for the demolition and installing the fences around the 178 rai of land,” he added.

“If you ask me why I have not demolished the buildings still on the land, I would have to say that there is a small loophole in the warrant of execution which the operators can sue us for damaging their property or trespass,” Mr MaAnn explained.

“If they sue us and the court accepts to consider the lawsuit, we will have to pay for bail. I have been sued before when I went to demolish illegal structures on government land, just as reporters and local residents wanted me to. I also wanted to, but I was called by the court and had to pay for bail myself,” he continued.

“So, to do anything under Thai law, we need to be careful. For example, in the demolition, the roof tiles must be removed and remain in good condition and placed nicely, waiting for their owner to collect them. We cannot destroy all things on the plot,” he added.

“We have to wait until July 23, so that everything is good, and we will not face any problems. We gave them a chance to fight back as they claim their right to do so. That’s no problem. I can wait, as we have had this fight since 2003, about 18 years. Why can I not wait for another week?

“I want to raze the structures on the plot to the ground as other people want. My desire to do this is even much more than other people. I was born in Cherng Talay and I have lived here my whole life,” Mr MaAnn said.

“I want to make the land an activity area for our children. I want to build a skating rink and barbecue areas for local people,” he added.

Comment on this story

* Please login to comment. If you do not have an account please register below by simply entering a username, password and email address. You can still leave your comment below at the same time.

CAPTCHA

Christy Sweet | 23 July 2021 - 01:04:51

Loving the derelict smashed up  bus where once there was a popular Reggae bar. Now the beach is lonely, trashy and dangerous. Thailand sucks. 

Kurt | 22 July 2021 - 10:47:51

18 Years of 'fight'? Who believes that? It were 18 years of kick back earnings. By the way, I not understand why this whole demolish operation is in hands of a village head who himself lives there. Demolishing should be in hands of provincial Officials. Perhaps 1 of the 3 Governors themselves? Who believes that demolishing in present setting starts next week?

Kurt | 22 July 2021 - 10:36:44

I got tears in my eyes of laughing reading about how roof tiles must be handled. BBQ areas for local people? Than the area will remain messy. How about that plan of a nice Park to honor late King Bhumibol? Money on study budgets for that has been spend.

Timothy | 22 July 2021 - 08:16:35

Goldwing the problem is that these people are squatting on land that doesn't belong to them. Worse is the fact that they don't even take care of the land they take over. Piles of bottles, broken concrete, dumpy plastic tents for staff to live in. It's a total eyesore. If they at least made their areas look clean and tidy I would agree with you, but they are just super lazy opportunists...

Christy Sweet | 21 July 2021 - 20:54:55

Went by Surin last week. A vibrant  cosmopolitan beach scene reduced to a literal garbage dump replete with a crumbling, moldy pavilion and  nose picking fruit shake vendor. No thanks 

PJ | 21 July 2021 - 18:21:42

Agreed Goldwing.  Not sure if it’s the primary driver, but Hotels sure have a vested interest in protecting their insanely high prices esp for F&B.   Aside from the fact that at present time, Int’l tourists don’t have a choice,  I don’t know know why anyone would stay at a phuket hotel when you can get a Villa or AirBnB.    The savings on F&B alone are huge.

Fascinated | 21 July 2021 - 13:01:58

Always an excuse with him- lets see if this story peters out.

goldwing | 21 July 2021 - 10:58:15

This area with these restaurants was very popular with tourist, they could go to beach for the day and have lunch drinks etc. Now there is nothing for them. Phuket is killing tourism rather than promoting it. but I guess this driven by business interest of the big hotels in that area who want keep tourists and their money captive  

 

Have a news tip-off? Click here

 

Phuket community
Finnair brings Swedish tourists to Phuket

How many of the 'tourists' were those who long term stay most winters- flawed figures as usu...(Read More)


2,000 Sandbox arrivals test COVID positive branded as fake news

Especially if one only reads the headline excerpt in a news feed - of which the above is a prime ex...(Read More)


Govt talks up new, ‘more efficient’ Thailand Pass

Bunch of liars with that 'no more quarantine'. 2D/1N obliged in a SHA hotel is quarantine t...(Read More)


Govt talks up new, ‘more efficient’ Thailand Pass

A lot non to the point information for us who need to get that "Thailand Pass", what is ju...(Read More)


Thai-Australian beauty wins Miss Universe Thailand 2021

What is 'half-African'? No such country. [South African. Thank you, corrected -- Ed. FYI ...(Read More)


Govt talks up new, ‘more efficient’ Thailand Pass

I hope that in this way the entry is, after almost two years, easier....(Read More)


Lisa ‘Blackpink’, Andrea Bocelli to star at Phuket NYE

What an obscene waste of money- if they had any conscience they would donate the money to charity. ...(Read More)


Thailand Pass starts Nov 1, refunds on COE bookings allowed

@Maverick, About some official document you must have per 01 Nov., one should not get the full clear...(Read More)


When insurance skips a beat

What would really help is motorcycle hire shops not renting to tourists without a license- especiall...(Read More)


Govt talks up new, ‘more efficient’ Thailand Pass

And why do they keep saying No quarantine”? It is a one day quarantine. Very deceptive wording. ...(Read More)