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Paradise Beach club to fight demolition notice


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Posted

Paradise Beach club to fight demolition notice

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PHUKET: -- Paradise Beach Management Co Ltd this afternoon vowed to appeal a Patong Municipality demolition notice of the property they currently occupy at Paradise Beach, claiming that their land document is legal.

Nituch Prasertnetikul, the lawyer speaking on behalf of the company and the current land owner Sophon Eakwanit, said that news of the demolition notice, handed down last Wednesday, was negatively affecting their business. Mr Nituch said they are considering whether to file a complaint against the Patong Mayor Chalermluck Kebsup over the notice.

Ms Chalermluck told the Phuket Gazette that the demolition process will continue, despite threats of a lawsuit. The demolition notice was signed by her today, and will be posted on a wall of the establishment on Monday. - See more at: http://www.phuketgazette.net/phuket-news/Paradise-Beach-club-fight-demolition-notice/63911?desktopversion#ad-image-0

Full Story: http://www.phuketgazette.net/phuket-news/Paradise-Beach-club-fight-demolition-notice/63911?desktopversion#ad-image-0

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-- Phuket Gazette 2016-05-19

Posted (edited)

They have not yet learnt that there is a new person in charge !

They might squirm but my bet is on the Mayor to win !

Edited by johnatong
Posted

"Negatively affecting their (illegal) business" Gosh that is terrible. Paradise Beach owners should sue the government for legally carrying out their business of putting right what was wronged many moons ago,

Posted

Im sure if they believed their claim title to be legitimate they would be doing more that apealing to the mayor.

The owners are entitled to appeal to the mayor on the mayor's decision. So why should they not use such appeal? No doubt an appeal is less expensive and less time sensitive than a lawsuit to both the owners and the Mayor.

Reading the linked article it seems the issue is not legitimate ownership of the property nor allegation of deception or courrption by the owners in acquiring the property nor in applying for a construction permit. It is the owner's use of the SorKor 1 documents to apply for the construction permit.

"“Rejecting the request simply means that we have not allowed them to build”

The Mayor's denial was based on the documents to be "not clear" and for that reason ordered owners to prove their land documents. In fact the Mayor ordered the owners to obtain a Charnote for the property. On the other hand the Mayor has allowed other property owners construction permits on the basis of their SorKor 1 documents and the Paradise beach club owners merely seek equal treatment. The Mayor needs to explain why she did not require (it seems) Charnotes for other permit applications that relied on SorKor 1 documents.

HOWEVER ....

Regardless of the adequacy of the SorKor 1 documents for a construction permit, it is clear that the Mayor rejected the original permit application. It is then when the owners should have appealed the Mayor's decision. Yet, the owners went ahead with spending hundreds of millions of baht to improve the property without a permit. The owners fault the Mayor for not stopping unpermitted construction and the Mayor needs to held accountable for delayed enforcement of the law. But ultimately the owners took a huge risk to build unpermitted improvements. Now it appears the Mayor will deny an appeal and a lawsuit will be filed. A lose-lose situation.

Ultimately, the problem is a lack of open and honest communication between the owners and the Mayor. Both exacerbated the situation.

Posted

The 'magic' operative word here is appeal so as always things will be dragged out, business as usual the right stationary directed to the right channels and all will be well for a time....

Had a ride over there last week then on to Surin with a mate, we was intrested to see how much more things had changed.moved on. They have sure spent a lot of Wonga at Paradise (kinda makes you think is a done deal) I would be amazed if that lot has to come down, and while there, the tourists were turning up every few mins (mainly western looking couples) taking the min 500B beach package these ran up to 10k with the Champers (night beach parties too) Has a proper ticket booth and all, car parks and motorcycle parks, kinda like theme park package for a day ticket

Surin was a sorry state, basically looks and smells like a refuse dump, oh dear... Progress? at least all will be happy that no illegale beach clubs are on the beach anymore... blink.png

Posted (edited)

They have not yet learnt that there is a new person in charge !

They might squirm but my bet is on the Mayor to win !

The expression should be "The Mayor,(with the military pushing him) will win."

Edited by sanukjim
Posted

They seem to have left this a bit late. The law suits and threats of legal action should have been lodged some time ago when the writing was on the wall as to the intention to demolish. This late gasp is not going to slow down the navy demolition equipment that will roll onto the site some time soon, just like happened to the neighbors.

Posted

The skeptic in me says this is a fishing trip for thicker envelopes.

I think it's more of a power struggle between two of Patong's most powerful families.

I anticipate a very long, protracted dance between these people. It's going to be interesting to see how this plays out.

Posted

I haven't heard of this Eakwanit family, what's their story DrDAve? Were they backing the other horse before this mayor became mayor?

According to posts here, the son of the former mayor has almost his whole Facebook account dedicated to paradise Beach Club.

Posted

I haven't heard of this Eakwanit family, what's their story DrDAve? Were they backing the other horse before this mayor became mayor?

I was referring to the owners of, and/or investors in the beach club itself (I believe the Keesin family is involved) rather than the land owner.

This would make it "the clash of the K's".

I don't know anything about the land owner (Eakwanit, who is leasing the land out to the beach club). This whole concept of flying SorKor1 titles just boggles my mind. I have to believe that every transaction involving land must be recorded at the land office, with the signature approval of an official. This would include plot divisions, ownership transfers, as well as title upgrades (SorKor1 to NorSor3Kor for example). Why is it so difficult to determine whether a land title is valid? Dodgy titles need to be invalidated and the officials that approved them need an extended visit to the monkey house.

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