Businesses occupying local authority buildings will also buckle under the pressure of law enforcement and comply with eviction orders, he said.
Behind his statement is growing pressure from the Royal Thai Navy (RTN), which has threatened to have Mr Ma’ann charged with criminal dereliction of duty, if he does not work on the demolition of the Zazada Beach Club and the expulsion of “illegal” business operators in the area.
“I have heard that they [the businesses along Surin Beach] are weary of the unpredictability caused by getting summonses and eviction notices, and that they will move out soon,” Mr Ma’ann said on Wednesday (May 27).
“I expect to demolish everything [illegal] by the end of the low season (November). Everything has to be cleaned up.
“However, we will consult with the governor and see if he recommends that we keep the buildings [belonging to the local authorities] but manage them directly. The buildings alone can remain. The business operators must move out.
“There are three types of buildings in the area. There were around eight buildings built by the OrBorJor [Provincial Administration Organisation] in 2005, after the Asian Tsunami. Some others were built by the OrBorTor later, for local people to make a living.
“Two or three buildings at the end of the beach [where Zazada is located] were built by a local person who got a ‘quota’ to build, but voluntarily invested his own money in the construction.
“My goal is to demolish them all together at the same time. I have written to the OrBorJor to have a conference about this because when we do it we should do it together, on the same day,” he said.
Thirty nine business operators along Surin Beach received eviction notices in March, telling them they must move out by April 18.
Five bowed to the order but 34 appealed to the OrBorTor. Their appeals were turned down.
The appeals then went to the provincial committee, Mr Ma’ann said, where all were again turned down apart from one place that is still under investigation.
However, he noted, despite the denial of appeals, all 34 are still occupying the buildings and still doing business.
“We are considering prosecuting the businesses that remain because they did not move out after receiving their eviction notices.
“However, we are consulting on this with the district chief and the governor. We have to be careful because there have been cases in Phuket in which local authorities enforced the law and were then sued by the businesses.”
As for Zazada Beach Club, the prime target of the RTN, Mr Ma’ann said he cannot comply with the Navy’s wishes right now.
“We have removed the additional part of many beachfront buildings a long time ago [such as Diamond Beach Club and the beach-side parts of Catch and Bimi] but the RTN is asking us to remove Zazada Beach club on the grounds that it was not built by the OrBorTor or OrBorJor.
“We cannot do it because otherwise there will be a lot of questions about why [Zazada has to be demolished but] others remain.”
Lt Sompop Khamkana of RTN Area 3 told The Phuket News that Zazada is the top priority for Mr Ma’ann but all parts of the remaining restaurants, clubs and other businesses that were added on to the original buildings must be removed and the businesses must move out.
If there is no progress, Lt Sompop warned, the OrBorTor Director will face charges under Section 157 of the Thai Penal Code.
This states, in official translation, “Whoever, being an official, wrongfully exercises or does not exercise any of his functions to the injury of any person, or dishonestly exercises or omits to exercise any of his functions, shall be punished with imprisonment of one to ten years or fined two thousand to twenty thousand Baht, or both.”
“We will send a warning letter to Mr Ma’ann to urge him to do his job. If there is no progress, especially on Zazada, he will face charges,” said Lt Sompop.
“When we removed all the illegal structures and additional parts of restaurants and beach clubs [in June last year], he told us that [Zazada] was an OrBorTor building. That is why it is still there.
“He said the beach club was initially a building in the OrBorTor building quota but it is outside the zone where the OrBorTor or OrBorJor buildings are supposed to be.
“We are not going to tell him how to do his job but we will tell him to do what he is supposed to do.
“Only the initial buildings built by OrBorTor [and OrBorJor] may remain in the area, with no businesses [occupying them] while all the additions to the buildings must be removed.”
Mr Pradab from Pradab Seafood Restaurant (where Diamond Beach Club use to be) who also president of the Surin Beach Local Restaurant Club, said he and his fellows will never move from the buildings unless other people occupting municipal land around the island also agree to move.
“There are plenty of [people on] NorSorLor [municipal] land around Phuket. If we move, they should be moving too.
“We intend to take our case to the administrative court in Nakorn Sri Thammarat, citing the OrBorTor Director [Ma’ann].
“The OrBorTor initially allowed us to move in here. If you say the contract expired long time ago, why didn’t they kick us out right after that?”
But, he added, “If the OrBorTor can provide us with another place to do business we will move out.”
The owner of a high-end restaurant on the strip, speaking to The Phuket News on condition of anonymity, said, “We’ve heard nothing about this. We won’t be moving out during the low season. Now don’t call us again.”