VT7 Explanation to the Supreme Court of Administration

VT7 has responded to the Supreme Administrative Court appeal. Their first two points of their answer to JCC group of eight appeal have earlier been rejected by the Supreme Court. The only thing VT7 bring new is the Bangkok Department of City Planning and Civil Engineer office report.. This report was not need and we feel it is inaccuracy when it claims to measure into the sea 100 meters from the control construction line at MSL before you measure onto the land 100 meters.

Translation Copy of document:

PLAINT No.: 486 / 2008

( Case of the Administrative of Rayong province )

Explanation of 2^nd Plaint Receivers Black Case No.: 54 / 2007

( to object the Appeal of the Plaintiffs) Red Case No.: ……………

………………………………………………..

(Handwriting : Correct copies of documents)

- Signed -

……………………………………………….

The Supreme Court of Administration

August 13, 2008

Mr. Tenbult Alewis Maria and 10 Associates Plaintiffs

Between

Pattaya City Hall Official and 2 Associates Plaint Receivers

I, hereby View Thalay Condominium (1999) Co., Ltd., by Mr. Preecha Techamuan- waiwit, the appointed person # 2^nd………………........... Plaint Receiver,

Would like to submit this explanation to object “the Appeal against the rejection order of the Administrative of Rayong Province” which ordered to reject the Appeal) of date: February 15, 2008, of the Plaintiff # 1^st and Associates ( Plaint No.: 486 / 2008) as will show in the following statements;

1. In this case; by the cause of the Order issued on January 16, 2008

by the Administrative Court of Rayong Province to lift the procedure of minimizing injurious consequences / or temporary protection before judgment, which was the order given to the 2^nd Plaint Receiver to temporary seize the construction of the part of the building which was higher than 14 meters above the ground until the judgment or another order is given, therefore, from now ( January 16, 2008) on.

The Plaintiffs lodged the Appeal against the Order of the Administrative Court of Rayong Province which ordered on January 16, 2008 and canceled the temporary procedure of minimizing injurious consequences or protection procedure, which both parties were informed by facsimiles on the aforementioned date.

The Plaintiffs lodged the Appeal against the aforementioned order but the Administrative Court of Rayong rejected that Appeal.

The Plaintiffs then lodged the Appeal against that rejection order to the Supreme Court of Administration, and the Supreme Court was not in agreement with the Administrative Court of Rayong Province, therefore the Supreme Court gave an order to accept the Appeal of the Plaintiffs which lodged on February 15, 2008 to the consideration.

The 2^nd Plaint Receiver, by the appointed person: Mr. Preecha Techamuanwaiwit, in capacity of the other party in the appeal, received an order to submit an explanation (Plaint No.: 486 / 2008) from The Supreme Court on July 30, 2008.

The 2^nd Plaint Receiver, therefore would like to submit the objection to the Supreme Court of Administration of which will state the matters in the following clarifications.

2. The summary received from analyzing the matters in the Appeal

against the order of January 15, 2008 of the Plaintiffs are ; The Plaintiffs considered that; the Order of lifting Injunction which ordered by the Administrative Court of Rayong province, by using the facts reported by the Department of City Planning and Civil Engineer of Bangkok, issued on December 18, 2007, together with the facts from enquiring the witnesses of this case, the facts revealed that the disputed building is located more than 100 meters from the Mean Sea Level (MSL) which was considered by the court that if the measurement was started from the Construction Control Line as shown in the Annexed map of the Royal Decree, which stipulated the Construction Control Acts of B.E. 2479 to be enforced over the regions of Banglamung Sub-district, Banglamung District, Chonburi province in 2521, which is fixed at a 100 meters from MSL, outward in the sea as shown in the aforementioned Annexed Map and witnesses’ testimony; the dispute building is located over 200 meters from the Borderline of Construction Control Area as stipulated in the Ministerial Regulations of Issue 9 as well. Therefore the facts which had been used by the court to consider placing the injunction / or procedure to minimize injurious consequences before judgment as requested by the 10 Plaintiffs of this case has changed; therefore was unlawful because it was the way of using the facts, construing and enforcing the law by the Administrative Court of Rayong Province in the way which is truly in opposite to the intentions or purposes of the law.

The Plaintiffs therefore requested the Supreme Court to order the injunction to continue being enforced as requested by all Plaintiffs,

3. The 2^nd Plaint Receiver would like to inform the Supreme Court that

the measurements to find the distance of 100 meters which was measured from MSL to the constructed land had been done for 3 times as follow;

1) The First time had been proceeded by the Pattaya City Hall Official, Chonburi Province; as requested by the 2^nd Plaint Receiver in BE. 2548, before this case was submitted in court. The measurement of 100 meters then was started at the MSL of the coastline by the North side. It passed through a public area for 49.00 meters and measured into the dispute land for another 51.00 meters. Then the result would be a 100 meters from MSL. For the south side; It passed through a public area for 49.50 meters and measured into the dispute land for another 50.50 meters. Then the result would be a 100 meters from MSL for this side as shown in the Attachment NO.1.

2) The Second time had been proceeded by the Department of City Planning and Civil Engineering of Chonburi province in April 2007, after the 2^nd Plaint Receiver received the order to seize the construction with the dispute license until another order or the judgment is given ( which had caused extreme un-estimated lose and damage to the 2^nd Plaint Receiver ) . The second measurement of 100 meters then was started at the MSL of the coastline by the North side. It passed through a public area for 51.00 meters and measured into the dispute land for another 49.00 meters. Then the result would be a 100 meters from MSL. For the south side; It passed through a public area for 49.75 meters and measured into the dispute land for another 50.25 meters. Then the result would be a 100 meters from MSL for this side as shown in the Attachment NO.2.

3) The Third time had been proceeded by The Bangkok Department of City Planning and Civil Engineer officials, which was proceeded between November 15 – 17, 2007, following the order of the Administrative Court of Rayong Province. The result of measurement was shown in the report of December 18, 2007 of that Department which had been submitted to the Administrative Court of Rayong Province. This report showed the correction of the first 2 measurement methods in all details.

4) Considering the Annexed map of the Royal Decree which stipulated to enforce the Construction Control Acts of Be. 2479 over the regions of Nongplalai, Naguea, Nongprue Sub-districts of Banglamung District, Chonburi province in BE. 2521, the result showed that the Construction Control line. Stated in the Ministerial Regulations of Issue 8 (BE. 2519), stipulated following the Construction Control Acts of BE. 2479, and had been amended by the Ministerial Regulation of Issue 9 (BE. 2521), stipulated following the Construction Control Acts of BE. 2521, would be fixed at the 100 meters outward in the sea from the MSL, therefore, when the enquiry of this case by the court showed that the distance of disputed building which received the disputed construction permit of this case is over 100 meters from the MSL. It’s considered without any doubt that the disputed building is also located over 200 meters from the Borderline of Construction Control Area by the seaside. The construction permit is lawful by all stipulations.

The 2^nd Plaint Receiver honestly see that the order of lifting injunction /or procedure of minimizing injurious consequences before judgment which had ordered by the Administrative court of Rayong is appropriate.

I, hereby respectfully request the Supreme Court of Administration to give an order or judgment to lift the Appeal of the Plaintiffs.

Respectfully Yours,

- Signed - 2^nd Plaintiff

Mr. Preecha Techamuanwaiwit

Appointed person

**************************************************************

Attachment No.: 1

GARUDA

No.: Chor. Bor. 52303 / 5548 Pattaya City Halls

Northpattya Road, Banglamung District,

Cor. Bor. 20260

September 09, 2005

Subject: Information needed for the distance of 100 meters from the Mean Sea

Level

Attention: Mr. Griangchai Panichpakdee

Reference: The letter from View Thalay Jomtien Condominium (1999) Co., Ltd.

Attachment: A copy of land title deed NO.: 104646

According to the request from Viewthalay Jomtien Condominium (1999) Co., Ltd., by its Director: Mr. Griangchai Panichpakdee, the owner of the land title deed No.: 104646, Nongprue Sub-district, Banglamung District, Chonburi province which requested for the measurement of 100 meters from the Mean Sea Level as shown in the involved reference;

Pattaya City Hall had completed the measurement and fixed the point at 100 meters from the Mean Sea Level. Please find the enclosed of document with this letter.

This is for your information.

Respectfully Yours,

Mr. Nirun Wattanasardsatorn

The Mayor of Pattaya

City Planning and Construction Control

Civil Engineer Office, Pattaya City Hall

(2 Signature signed)

(Nor Sor 4 Jor)

*************************************************
GARUDA

Location of land Title deed

Section: 5134 I 0116 -10, 14 No.: 104646

Land No.: 78 File: 1047 Page: 46

Surway No.: 54173 District: Banglamung

Sub-district: Nongprue Province: Chonburi

Title Deed

The prior deed of possession

Issued following the Land Code

Issued for: Viewthalay Jomtien Condominium (1999) Co., Ltd., Nationality: Thai, Address: 315 / 187, Moo 12

Street: - Soi: - Sub-district: Nongprue, District: Banglamung Province: Chonburi

The size of this land is 9 Rais 3 Ngaan 94 Square Wah

Measurement Scale: 1: 1000 Map Measurement Scale: 1: 2000

(Picture)

Attachment No.: 7

Pattaya City Hall

Receiving Doc. No.: 6312

Date: April 25, 2007

Time: 16.20 hrs.

***********

GARUDA

No.: Chor. Bor. 0020 / 394 Department of Cicil Engineer and

City Planning of Chonburi Province

Montasewee Street, Cor. Bor. 20000

April 25, 2007

Subject: Inspection of the Mean Sea Level

Attention: Mayor of Pattaya City Hall

Reference: The letter from Pattaya City Hall No.: 52303 / 3088, Date: August 27, 2005

Attachment: 1. Plan of the area 1 copy

2. Copy of Land title deed 1 copy

3. Measurement list of level 3 pages

According to the reference; Pattaya City Hall has requested the Department of Civil Engineer and City Planning of Chonburi Province to inspect and justify the Mean Sea Level at Jomtien beach, in front of the dispute construction project between Mr. Tenbult Alewis Maria and 10 Associates and Pattaya City Hall, Viewthalay Jomtien Condominium (1999) Co., Ltd. as the result had been already reported,

Department of Civil Engineer and City Planning of Chonburi Province had completed the inspection as requested. The details are as shown in the enclosed attachments with this letter.

This is for your information.

Respectfully Yours,

- Signed –

Mr. Tanoo Srichoo

Civil Engineer and City Planning Of Chonburi

City Planning Education Center
(2 Signature signed)