Appeal to Supreme Court of Administration

Our Appeal to Supreme Court of Administration is below:

“Appeal the order of lifting the injunction
or the protection procedure

Number of Black Type Case: 54 /25 50?
to minimize injurious consequences Number of Red Type Case: /25___

Supreme Court of Administration

Date 15 February 16, 2008.

Mr. Tenblue A. J. Maria #1st, with the associates of 9 Plaintiff

Between

The Pattaya City Hall # 1 and the associates all are 2 persons The Plaint receiver

I, hereby, The Plaintiff: Mr. Tenblue A. J. Maria # 1st with the associates of 9, would like to appeal: the order of the Administrative Court of Rayong province, given on 16 January 2008, with the following statements and matters ( the clarifications of objections of the decision or the order of the Administrative court )
1. This case, On 16 January 2008 The Administrative court of Rayong province ordered to lift the injunction / or cancel the procedure of protection to temporally minimize the injurious consequences, which was the order for the 2nd Plaint Receiver to stop building the construction higher than 14 meters from road surfaces, until final judgment, as in the petition of the 2nd Plaint receiver on 2 January 2008. The Administrative court of Rayong province made its decision by referring to “ Section 77 of the Minutes of the Grand Meeting of Administration officers of Supreme Administrative Court, governing the Administrative Procedures of B.E. 2543, stipulated to bring statements which are written as in TYPE 1 - DIVISION 4 under the Civil Procedure Code, to enforce with the standard for consideration the request / the conditions of court’s order /and results of the order which enforcing certain protection procedures in order to minimize the injurious consequences before judgment / or the protection procedure for the benefit of petitioners while the case is on trail / or for enforcing to follow the decision, by adapting to the status as possible as it is available and capable in the case, without violating this regulations / and general laws relating to Administrative consideration procedures / and Article 262, Phrase 1 of Civil Procedure Code, which stipulated that “If the fact or circumstance which used by the court as the guidance for considering on granting the requested on the protection procedure has changed, when the court considers that it’s suitable / or when the request was submitted by the Defendants or Plaint receivers or the outsiders as clarified in Article 261, to the court where in the course of trial, the court can reconsider / or cancel the former procedure or order. In this case, the court order to set up the protection procedure to minimize the injurious consequences before judgment, granted the request of 10 Plaintiffs, with prior reason which stated that “In For court’s consideration, it is necessary for the court to make the inspections carefully in order to determine the starting point of the measurement in accordance with Ministerial Regulations of Issue 9 ( B.E. 2521 ) / AND to see if the distance from the dispute building to the spot as mentioned is in violation to the distance stipulated by law. But by the measurement conducted by the Department of Civil Engineering and City Planning which ordered by court, the facts appeared in the report, and the testimony of witness that, the dispute building is more than 100 meters from the Mean Sea Level ( MSL ), which the court is of the opinion that, if the measurement was made from the building control area shown in the map annexed to the Royal Decree Promulgating the Building Construction Control Act B.E. 2479 – Controlling over the region of Banglamung / Naklua / Nong Plalai / Nongprue Sub-districts of Chonburi province, which by another 100 meters further away in the sea from the MSL, as shown in the map annexed to the aforesaid Royal Decree and as testified by the witness, the dispute building would also be over 200 meter from the building control area as referred by the aforesaid Ministerial Regulations. Therefore, the fact of which used by the court to order the injunction / or the protection procedure to minimize injurious consequences before judgment as requested by 10 Litigants of this case has changed / and there is not enough suitable reasons to support the aforesaid protection procedure to be continued placing.
The court ordered to lift the injunction / or the protection procedure to minimize injurious consequences before judgment, which originally was the order to stop the 2nd Plaint Receiver from building the construction higher than 14 meters from road surfaces, until the final decision / or the different order is made and given.”
With respect to the order of Administrative court of Rayong province, 9 Litigants, however are in disagreement with the order which given by the court, because in the state of enquiries/ interpretations / enforcing the law for controlling constructions, in accordance with the law controlling the aforesaid order given by court, however, there still are mistakes and errors in many points of facts and matters of laws, which will be offer to the consideration of the Supreme Court of Administration in this appeal.
9 Litigants understand that, the order given on 16 January 2008, by the Administrative Court of Rayong province, to lift the injunction or the protection procedure to minimize injurious consequences before judgment IS NOT THE REJECTION or DISMISSAL of the petition of 9 Litigants which requested the court to order for the injunction or the protection procedure to minimize injurious consequences before judgment which is stipulated to be the supreme order, and this order is not opened for further appeal to be submitted in court, referring to Section 76 of Minutes of the Grand Meeting of Administration officers of Supreme Administrative Court, governing The Administrative Procedures of B.E. 2543. But the aforesaid order is considered as another type of order which is open for an appeal while the case is on trial, referring to Section 100, Phrase 2 of the aforesaid regulations, which 9 Litigants, in the capacities of interested person, hold the right to appeal the aforesaid order within the limitation of 30 days, from the day of receiving the order from Administrative Court of Rayong province, by Section 49 / 1 of the same regulations.
2. 9 Litigants need to appeal the order of lifting the injunction / or the protection procedure to minimize injurious consequences before judgment given on 16 January 2008 to the Supreme Court of Administration, with reasons, facts and matters of laws as follow;
By the order of Administrative Court of Rayong province, to lift the injunction / or the protection procedure to minimize injurious consequences before judgment given on 16 January 2008, by using the facts from the report of the Department of Civil Engineering and City Planning / and the testimony of the witness, summarized that The Construction Control Line shown in the annexed map of the Royal Decree Promulgating the Building Construction Control Act B.E. 2479 – Controlling over the region of Banglamung / Naklua / Nong Plalai / Nongprue Sub-districts of Chonburi province, The B.E. 2521 is the distance of 100 meters further into the sea from the MSL, and when the measurement conducted as ordered from court from the MSL onto the land for another 100 meters, the fact of the result of measurement appealed in the report of the Department of Civil Engineering and City Planning / and the testimony of the witness, stated that, the dispute building is more than 100 meters from the MSL, and the court considered that, if the measurement is made from the Construction Control Area, as shown in the map annexed to the aforesaid Royal Decree, which is at the furthest end of 100 meters in the sea, from the shoreline at MSL as shown in the annexed map and as testified by the witness, the dispute building would also be over 200 meter from the building control area as referred by the Section 3 of the Ministerial Regulations of Issue 9 ( B.E. 2521 ), which buildings over 14 meters from road surfaces are also not permitted to be constructed as mentioned. Therefore, the facts of which used by court to order the injunction / or the protection procedure to temporally minimize injurious consequences before judgment as requested by 10 Litigants of this case have changed / and there were not enough suitable reasons to support the aforesaid protection procedure to be further on. The Administrative Court of Rayong province, however, had finally ordered to revoke / lift the injunction or / the protection procedure to temporally minimize injurious consequences before judgment as mentioned.
9 Litigants need to point out to The Supreme Court of Administration that, the aforesaid decision given by the Administrative Court of Rayong province, based on the enquiry of facts/ interpretation and enforcing law in order to control the involved constructions, in the way to be contrary to the intentions / or purposes of law………………., and it has impact /negative effects to the benefit of 10 Litigants and public in order to maintain the qualities of environment, as the following clarifications;
2.1 To interpret for enforcing the law for controlling constructions, in accordance with The Ministerial Regulations of Issue 9 ( B.E. 2521), must considerer the intentions and purposes of laws which are involved with one another. The law using to control over the regions of Banglamung / Naklua / Nong Plalai / Nongprue Sub-districts of Chonburi province, had been stipulated in order to mark the construction control area for the first time, which was The Ministerial Regulations of Issue 8 ( B.E. 2519 ) by using the reasons /or another words / it’s the intention of promulgating the aforesaid regulations, it states that, The intention of promulgating the aforesaid Regulations was “ as the Royal Decree promulgating The Construction Control Acts of B.E. 2479, controlling over some areas of Banglamung / Naklua and Nongprue Sub-district of Chonburi province B.E. 2499, and the area as mentioned are public attractions for taking an airing, it’s suitable to prohibit certain types of constructions which may cause troubles / disturbance and create waste / and ruin the environment, therefore, this Regulations was in need to be issued.
Later on 31 December 2521, the Ministerial Regulations of Issue 9( B.E. 2521 ) had been promulgated, with reasons that “Because there was the adjustment of the construction control area in the regions of Banglamung / Naklua / and Nongprue Sub-districts of Chonburi province, by expanding the area, as shown in the annexed map of the Royal Decree Promulgating The Construction Control Acts of B.E. 2479, controlling over the areas of Banglamung / Naklua and Nongprue Sub-district of Chonburi province B.E. 2521, it is suitable to make an amendment to the Regulations of Issue 8 ( B.E. 2519 ), prescribed in accordance with The Construction Control Acts of B.E. 2479, governing the certain types of buildings which are prohibited to be constructed within the construction control area, referring to the aforesaid Royal Decree, in order to be more suitable, therefore, this Regulations was in needed to be issued.
The reason for promulgating the Royal Decree, stipulated to use the Construction Control Acts of B.E. 2479, to control over the regions of Banglamung / Naklua / Nong Plalai / Nongprue Sub-districts of Chonburi province, had been “in according to the expansion of constructions in the areas of Banglamung / Naklua / Nong Plalai / Nongprue Sub-districts of Chonburi province, and some constructions were not controlled by the Construction Control Acts, because the construction control area, as shown in the annexed map of the Royal Decree promulgating the Construction Control Acts of B.E. 2479 to control over the regions of Banglamung / Naklua / and Nongprue Sub-districts of Chonburi province B.E. 2499, did not cover the aforesaid areas of construction, it’s needed to make the amendment to the aforesaid Royal Decree, by expanding the area, especially the areas by the beaches, in order for the local officers to be able to proceed by the law, therefore, this Royal Decree is in need to be stipulated.”

The way of drafting the Ministerial Regulations of Issue 8 ( B.E. 2519 ), the drafter must analyze the reasons of law, this is counted to be the priority in enforcing the law, because it is the searching procedure to find the reason of the law, which stipulated to find the fact why the Ministerial Regulation of Issue 8 ( B.E. 2519 ) was issued in such a way and what reason it was for, whether it was appropriate and how appropriate it was. For the law to be enforced, following the intention of law that empowered to be used, therefore, when there was the meeting to draft the Ministerial Regulation of Issue 8( B.E. 2519 ), from the office of Royal Decree stated that “ The area of 100 meters measured from the construction control line according to the annexed map, from the sea onto the land shall not be permitted to construct the following types of buildings”
………(8) Buildings with the height of 14 meters
Later on, there was the further amendment to cut out the phrase “onto the land” since the wording was clearly understood, then the following phrase was used instead “to fix the 100 meters measured from the construction control line according to the annexed map at the sea shore that building of the following types are not permitted to be constructed”. The meeting approved the aforesaid draft of the Ministerial Regulation, because of the reason to protect the area by the shore, by controlling the constructions which may impact the seas and beaches: details as shown in the attachment of the appeal No:1 – The Meeting of Drafting of the Ministerial Regulation of Issue8 ( B.E. 2519 )Therefore, the intention or purpose of The Ministerial Regulation of Issue 8 is “to fix the 100 meters measured from the construction control line according to the annexed map at the sea shore onto the land that the type of building of No. 3 ( 1 ) – ( 8 ) are not permitted to be con-structed, in accordance with the Ministerial Regulation of Issue 8 ( B.E. 2519 ), which stated that….Because the aforesaid areas are public attractions for taking an airing, it’s suitable to prohibit certain types of constructions which may cause troubles and disturbance and create waste and may destroy the environment.
Leter on, there was the adjustment of the construction control area in the regions of Banglamung / Naklua / and Nongprue Sub-districts of Chonburi province, by expanding the area, as shown in the annexed map of the Royal Decree Promulgating The Construction Control Acts of B.E. 2479, controlling over the areas of Banglamung / Naklua and Nongprue Sub-district of Chonburi province B.E. 2521, it is suitable to make an amendment to the Regulations of Issue 8 ( B.E. 2519 ), to be more suitable, therefore, The Ministerial Regulation of Issue 9 ( B.E. 2521 ) was promulgated, shown in the remark section, on the attached map of Ministerial Regulation of Issue 9, and therefore, the provision of both Ministerial Regulations are in accordance with one another, / or the procedures are connect with one another, so they were always mentioned of / or used as references in parts of their regulations.
The intention or purpose to promulgate the Ministerial Regulation of Issue 9 (B.E. 2521)
is to expand the control area for constructions in Banglamung / Naklua and Nongprue Sub-district, Bang-lamung District of Chonburi Province, which are the public attractions for taking an airing or holiday, by in the Regulations of Issue 9 fixes the 200 meters measured from the construction control line according to the annexed map of the Royal Degree of B.E. 2521, at the sea shore that types of buildings of NO. 3 ( 1 ) – ( 8 ) shall not be permitted to be constructed. When it is needed to ?? interpreted to be in accord with the intention or purpose of the Regulations of Issue 8 ( B.E. 2519 ), the expansion made from 100 to 200 meters must be expanded the distance at the sea shore onto the land, in order to protect those areas from the prohibited constructions, in accordance with the provisions of Issue 8 and 9, to be more suitable and appropriate. Plus the reason of promulgating of the Regulations of Issue 8 ( B.E. 2519 ) is Because some areas of Banglamung / Naklua and Nongprue sub-district of Banglamung District of Chonburi province are public attractions for taking an airing or holiday, it’s suitable to prohibit certain types of constructions which may cause troubles and disturbance and create waste and may destroy the environment, therefore, this regulations was needed to be issued, by No. 3 stated to fix 100 meters from the
construction control line, shown on the annexed map of the Royal Decree Promulgating The Construction Control Acts of B.E. 2479, control over the regions of Banglamung / Naklua and Nongprue Sub-district of Banglamung district of Chonburi province of B.E. 2499, at the sea shore, to be the prohibited areas for the following types of constructions:
1. Oil, Gasoline storage and distribution area
2. Entertainment Halls
3. Shop houses
4. Shop buildings
5. Fresh food market
6.Cars or motorcycles garage of fixing or air compressing spray
7. Products storage
8. Tall building with the height over 14 metersAccording to the Regulations of Issue 9 ( B.E. 2521 ) on section 3. (1 ) – ( 8 ) stipulated To prohibid all 8 types of constructions as same as the Regulation of Issue 8 ( B.E. 2519 ) with the reason of The promulgation of the Regulation of Issue 9 ( B.E. 2521 ) was “ because there was the adjustment on the construction control area in Banglamung/ Naklua and Nongprue Sub-district by expand out of the area / making an expansion to be wider….”
The word “ wide ” means by the meaning marked in the dictionary of B.E. 2542 that to
expand / spread / stretch i.e. the wide area The word “ out ” means movement that move to outside, starting or happening i.e. the transportations departure.
The word “ off / go ” means movement that move from the place, use this word in opposite with “ in / come ”
9 Litigants need to explain to the court the meaning of the words “wide”, “out” and “off” which stipulated in the remark section of the Regulation of Issue 9 ( B.E. 2521 ) to be the words to fix the true meanings of hose words, by covering the meaning of expanding the area or space out to expand the construction control area. If these words are used to interpret the regulations of Issue 9 ( B.E. 2521 ),
therefore the meaning will be the expansion of the construction control area, refer to section 3. ( 1 ) – ( 8 ), from 100 meters to be 200 meters, so the expansion must have been made from the sea shore onto the land , details shown in the attachment No.2: The copy of the meaning of these words written in the dictionary of B.E. 2542.
And with the consideration of the types of building which are under control of the section 3 . ( 1 ) – ( 8 ) of the Regulations of Issue 8 and 9 as mentioned, it shown that all types of buildings are the types of building that needed to be built on land , certainly NOT in the sea, therefore, there is no reason to interpret the phrase “expand wider ”, shown in the remark section of the Regulations of Issue 9 ( B.E. 2521 ) that to expand the construction control area in to the sea. Because it will make the construction control area become the non-operative, refer to the intention or purpose of the aforesaid Regulations. So the interpretation of the Regulations of Issue 9 ( B.E. 2521 ), section 3, which stipulated to fix 200 meters…….. would be the expansion of the construction control area, section 3. ( 1 ) – ( 8 ) from the sea shore on to the land for 100 meters wider to be 200 meters. The distance of 100 meters which expanding the construction control area in to the sea has not been stipulated in any Regulations, in order to control the constructions which is needed to be built specially in the sea, which the Ministry of the Interior will further stipulate this
matters in order to control certain types of constructions within 100 meters out in to the sea in the future, to be suitable and appropriate to the future situation.
Therefore, the decision agreed with the Department of Civil Engineering and City Planning of the Administrative Court of Rayong province, which interpreted that “ The Construction Control Area at the sea shore” is the line measured from the sea shore at the MSL out in to the sea for 100 meters, therefore, the Regulations of Issue 9 ( B.E. 2521 ), stipulated following The Construction Control Acts of B.E. 2479, section 3, fixes the area within 200 meters, by measuring from the construction control area, shown on the annexed map of the Royal Decree of B.E. 2479 at the sea shore, to be the prohibit area for the building with the height over 14 meters, therefore, the measurement is made from the aforesaid Construction Control Line at the sea shore ONTO the land for 200 meters, will be the MSL + 0.00 and carry on ONTO the land for another 100 meters.
Therefore, it was contrary to the intentions and purposes of laws effected by the result from the inquiry for hearing of facts / interpretation and enforcing law which verify and protect, for controlling involving constructions, and the law is unable to be used in reality for the protection of public benefit, as pointing out to the consideration of the Supreme Court of Administration as above.
2.2 Plus the interpretation of The Construction Control Area of the Ministerial Regulations of Issue 9 ( B.E. 2521 ) which taken by the court from the report of the Department of Civil Engineering and City Planning, including the testimony of the witness, which said that the dispute building is more than 100 meters from the MSL, and which was the reason for the cancellation of the injunction / or the order to have the protection procedure to minimize injurious consequences before judgment, which was the order for the 2nd Plaint Receiver to stop its construction of the building over 14 meters high until the final decision is made, made the Construction Control Area of Regulations of Issue 9 ( B.E. 2521 ) narrower for 11 meters than the Regulations of Issue 8 ( B.E. 2519 ), and it allowed the constructions over 14 meters high to be built closer to the sea, against the intention of the law, as the following details:
9 Litigants would like to explain to the court that, “ the point to start measuring,
referring to the Ministerial of Issue 8 ( B.E. 2519 ), stated in accordance with the The Construction Control Acts of B.E. 2479, Section 3., which stated that “ To fix the area of 100 meters measured from the construction control line according to the annexed map of the Construction Control Acts of B.E. 2479, to control the areas of Banglamung / Naklua and Nongprue Sub-districts of Banglamung District of Chonburi Province of B.E. 2499, at the sea shore, to be the prohibited areas for the following descriptions of constructions……(8) Buildings with the height of 14 meters ”
And by the Regulations of Issue 9 ( B.E. 2521 ), stated in accordance with the Construction Control Acts of B.E. 2479, Section 3., which stated that “ To fix the area of 200 meters measured from the construction control line according to the annexed map of the Construction Control Acts of B.E. 2479, to control the areas of Banglamung / NONG PLALAI / Naklua and Nongprue Sub-districts of Banglamung District of Chonburi Province of B.E. 2499, at the sea shore, to be the prohibited areas for the following descriptions of constructions……(8) Buildings with the height of 14 meters ”
The measurement points stipulated in both Regulations were not the same point, by the letter which made by MR. SUPOHN PONGTHATPAT, who was sent on behalf of the Director – General of the Department of Civil Engineer and City Planning, submitted to the Administrative Court of Rayong Province, written that “ 2. The distance of 100 meters, by Section 3 of the Ministerial Regulations of Issue 8 ( B.E. 2519 ), stipulated in accordance with the Construction Control Acts of B.E. 2479, and the distance of 200 meters by Section 3 of the Ministerial Regulations of Issue 9 ( B.E. 2521 ), stipulated in accordance with the Construction Control Acts of B.E. 2479 ARE NOT THE SAME LINE, because the Ministerial Regulations of Issue 8 ( B.E. 2519 ) did not stipulate to measure at the MSL, but the Ministerial Regulations of Issue 9 ( B.E. 2521 ) stipulated to measure at the MSL, details as shown in the attachment NO. 3: The letter which was “Most Urgent” Report Ref. Mor Tor 0710/9634 dated 19 December 2007 of the Department of Civil Engineer and City Planning, Subject: Requesting for the testimony
The aforesaid explanation of the Department of Civil Engineer and City Planning showed that The Regulations of Issue 8 ( B.E. 2519 ), meant to measure from the coast line, means at high tide, but Issue 9 ( B.E. 2521 ) is to measure at the MSL. This means the measurement points of both Regulations are not the same point.
The Regulations of Issue 8 ( B.E. 2519 ), meant to measure from the coast line as mentioned to the Administrative Court as Rayong Province, which the 1st Plaint Receiver had inspected the dispute building of the 2nd Plaint Receiver, it showed that the coast line ( High Tide ) was 39 meters from the land, details as shown in the letter of Pattaya City Hall, by the Mayor to Secretary of the Environmental and Surroundings Planning Office, Dated on 5 April 2007, which was used by the 1st Plaintiff as the attachment for its testimonial dated on 19 July 2007, No 13 in order, which 9 Litigants need to appoint this document to be the attachment NO. 4.
The report of the Department of Civil Engineering and City Planning, dated on 18 December 2007 wrote that “…. The coast line at the MSL must be measured at the Mean Sea Level of 0.00 meters, and when measure out 100 meters into the sea will be the construction control are, referring to the annexed map of the Royal Decree of B.E. 2479, to control the areas of Banglamung / Nong Plalai / Nongprue Sub-Districts of Banglamung District of Chonburi Province of B.E. 2521, and the measurement is made from the aforesaid point ONTO the land to reach the beginning of the building for another 100 meter, it will be the distance of The Construction Control Area of 200 Meters, referring to Section 3 of The Regulations of Issue 8, which was amended and added by the Issue 9 of B.E. 2521, stipulated in accordance with the Construction Control Acts of B.E. 2479, which prohibit the constructions over 14 meters high….”
And from the report of procedure following the court’s order, which was the attachment of the MOST URGENT LETTER of the Department of Civil Engineering and City Planning: Report Ref. Mor Tor 0710/9634 dated 19 December 2007. It showed that:
( 1 ) The measurement from the coast line at the MSL ( + 0.00 ) on the NORTH point of the dispute land until reaching the Bench Mark, would be 50.15 meter. Then measure onto the dispute land for another 49.85 meters would be 100 meters measured from the coast line at the MSL ( + 0.00 ) ON THIS SIDE
( 2 ) The measurement from the coast line at the MSL ( + 0.00 ) on the SOUTH point of the dispute land until reaching the Bench Mark, would be 49.60 meter. Then measure onto the dispute land for another 50.40 meters would be 100 meters measured from the coast line at the MSL ( + 0.00 ) ON THIS SIDE
Details as shown in the petition of the 2nd Plaint Receiver, Dated on 2 January 2008, together with the witness’s testimonial of 15 January 2008, by Mr. Veera Visuthirattanakul, 7th Class Lawyer of the Department of Civil Engineer and City Planning, testified as the Witness, that … “if measure from the construction control line, as referred in The Royal Decree B.E. 2521, it would be the distance of the building as same as measuring from the MSL onto the land for 100 meter. From the facts which explained to the Supreme Court of Administration as above, if the interpretation of the Ministerial Regulations of Issue 9 ( B.E. 2521 ) is made as written in the report and the testimony of the witness, the measurement from the coast line at the MSL ( +0.00 ) on the NORTH and SOUTH point of the dispute land until reaching the Bench Mark of the 2nd Plaint Receiver would be 50.15 and 49.60 meters in order. The Regulations of Issue 8 ( B.E. 2519 ) is compared at the coast line until reaching the land mark of the 2nd Plaint Receiver, it would be 39 meters. It shows that the coast line as the MSL and the coast line ( High Tide ) is approximately the distance of 11 meters. The aforesaid interpretation of Regulations of Issue 9 ( B.E. 2521 ) would make the Construction Control Area referring to Section 3.(8), which is the prohibited area for the buildings over 14 meters high, narrower that the Construction Control Line of Section 3.(8) of the Regulations of Issue 8 ( B.E. 2519 ), which allowing the constructions over 14 meters high to be constructed 11 meters closer to the sea, which is contrary to the intention and purpose of the Regulations of Issue 9 ( B.E. 2521 ) which intended to expand the area as mentioned, and intended
to expand the Construction Control Area by the shore line. If the intention was nterpreted that the expansion of the Construction Control Area of the Regulations of Issue 9 ( B.E. 2521 ) is to expand the distance at the seaside onto the land, then it will be in accord with the intention and purpose of Issue 9 ( B.E. 2521), as mentioned to the Supreme Court of Administration as above.
So the testimony of Mr. Veera Visuthirattanakul, said that the dispute building is 103 and 102 meters onto the land from the MSL”, if this phrase was interpreted that the starting point of the Construction Control Area was 200 meters onto the land from the MSL, then the dispute building would be within 200 meters, which was the Construction Control Area, stipulated in the Regulations of Issue 9 ( B.E. 2521 ), section 3.(8 ), which is the prohibited area for the building over 14 meters high, as the aforesaid reasons explained to the Supreme Court of Administration as above.
2?3 The Plaintiff would like to add on the explanation to the Supreme Court of Administration that, by Article 79 of the Construction Control Acts of B.E. 2522, stipulated that …. “All Ministerial Regulations / Local provisions / Provincial provisions / Rules and Regulations / Notices / or Other Orders, which stipulated by referring to The Construction Control Acts of B.E. 2579, / or the Construction Control for the burning areas of B.E. 2476, they will be used to enforce by law as long as there is no contrary to this Acts ”. 9 Plaintiffs see that, not just “ All Ministerial Regulations / Local provisions / Provincial provisions / Rules and Regulations / Notices / or Other Orders, which stipulated by referring to both of The Construction Control Acts as mentioned, , they will be used to enforce by law as long as there is no contrary to the Construction Control Acts of B.E. 2522, HOWEVER, the interpretation for enforcing the Ministerial Regulations / Local Provisions /Or Orders as above, must be interpreted to be in accord with the intention for enforcing the Construction Control Acts of B.E. 2522, and also the involve laws. This is to be in agreement with the intention of the Construction Control Acts of B.E. 2522, in Article 5 of this Acts, which stipulated that The Minister of the Ministry of the Interior has power to enforce the Ministerial Regulations to enforce in different circumstances, referring to Article 8, “ For the safety and security / Fire Protection / Public Health / Environmental Quality Control / City Planning / Architectural and Traffic Serving / including other fields which are involved with the procedures to be in accord with this Acts, stipulated the Minister with the assistance of the Construction Control Committee, to be the in power to create the Regulations to stipulate: ( 10 ) The Prohibited Area for certain types / kinds of constructions to be contructed / modified / demolished / Moved and used / or changed the purposes of buildings. ETC.
Since the Construction Control Acts of B.E. 2522 was enforced until now, there have been 12 Ministerial Regulations which are still active, following Article 8(10 ), in the part that involving the area by the sea, which are the public attractions and tourist destinations , by stipulating the prohibition for certain types of buildings which may cause the disturbance and waste, in the same way of the stipulation of Regulations of Issue 8 and 9, which stipulated in accordance with The Construction Control Acts of B.E. 2479, by in each issue stipulates the matters in the points that involve the stipulation of Construction Control Area of the building over 12 meters high as follow:
( 1 ) Ministerial Regulation Issue 15 (B.E. 2529 ) Phu-ket Province (Pha-thong beach) - Within 150 meters from the 1st area ( according to the map, the 1st area is 50 meters onto the land from the shore ) the restricted area in which the Building of 12 meters shall not be permitted to be constructed.
( 2 ) Ministerial Regulation Issue 20 (B.E. 2532 ) Phu-ket Province (Western shorelines)
- Within 200 meters from the shore shall be the restricted area in which the Building of 12 meters shall not be permitted to be constructed.
( 3 )Ministerial Regulation Issue 22 (B.E. 2532) Suratthani Province ( Samui Island )
- Setting of 200 meters measured from coast line onto the land in which the Building with the height more than 12 meters shall not be permitted.
( 4 ) Ministerial Regulation Issue 30 (B.E. 2534 ) Phetchaburi Province ( Cha-um )
- Setting of 200 meters measured from coast line in which the Building of 12 meters shall not be built.
(5) Ministerial Regulation Issue 31 (B.E. 2534 ) Chanthaburi Province
- Setting of 200 meters measured from coast line in which the Building of 12 meters shall not be built.
(6) Ministerial Regulation Issue 36(B.E. 2535) Prachuap-Kirikhun Province (Hua-Hin)
- Setting of 200 meters measured from coast line in which the Building of 12 meters shall not be built.
( 7 ) The Ministerial Regulations fixes the prohibited area for certain kinds or types of constructions / or modification or changing purposes of building of Pang-Nga Province of B.E. 2544
- Setting of 225 meters measured from coast line in which the Building of 12 meters shall not be built.
( 8 ) Ministerial Regulation (B.E. 2546) Trad Province
- Setting of 200 meters measured from coast line in which the Building with the height more than 12 meters shall not be permitted.
( 9 ) Ministerial Regulation (B.E. 2547) Khabi Province
Setting of 200 meters measured from coast line in which the Building of 12 meters shall not be built?
( 10 ) Ministerial Regulation (B.E. 2543) Trang Province ( accepted Lee-pea island )
3- Setting of 200 meters measured from coast line in which the building of 12 meters shall not be built.
( 11 ) Ministerial Regulation (B.E. 2549 ) Ranong Province
- Setting of 200 meters measured from coast line in which the Building of 12 meters shall not be built.
( 12 ) Ministerial Regulation (B.E. 2549) Sa-toon Province ( accepted Lee-peh island )
- Setting of 200 meters measured from coast line in which the building of 12 meters shall not be built?
Apart from the aforesaid stipulations, The Ministerial Regulations also marked the meaning of The Coast Line that, it’s where water reaches the highest level which causes by nature. Details as shown in the attachment No. 5: The copies of 12 Ministerial Regulations.
It shows that the intention of The Construction Control Acts of B।E. 2522 and the involved Regulations which have been using to control all beaches in the kingdom is to save the environment and the ecological system all around the coast line for the area of 200 meters from the shore line, marked at the high tide, to prohibit the types of constructions which may cause the impact, including the buildings with over 12 meters high as mentioned. So the Regulations of Issue 9 ( B.E. 2521 ) stipulated to fix 200 meters from “the Construction Control Line”, which is 100 meters away into the sea from the coast line at the MSL, to be the prohibited area for the building over 14 meters high IS ALSO CONTRARY to the intention of enforcing the Construction Control Acts of B.E. 2522.

3। The facts seen from the order of lifting the injunction / or the protection procedure to minimize injurious consequences before judgment of the Administrative Court of Rayong province, given the protection procedure to minimize injurious consequences before judgment given on 16 January 2008 , by using facts from the report of the Department of Civil Engineering and City Planning / and the testimony of the witness, summarized that The Construction Control Line shown in the map annexed to the Royal Decree Promulgating the Building Construction Control Act B.E. 2479 – Controlling over the region of Banglamung / Naklua / Nong Plalai / Nongprue Sub-districts of Chonburi province, The B.E. 2521 is the distance of 100 meters further into the sea from the MSL, the dispute building would be over 200 meter from the building control area as referred by the Section 3 of the Ministerial Regulations of Issue 9 ( B.E. 2521 ), which buildings over 14 meters from road surfaces are also not permitted to be constructed.

The aforesaid decision of the Administrative Court of Rayong province shown many points of mistakes and errors of the inquiry for hearing/ interpretation and enforcing law in order to control the constructions by law, in the way of which is contrary to the intentions / or purposes of law which stipulated to verify and protect? The result of the aforesaid interpretation is the construction control area referring to the Ministerial Regulations of Issue 9 ( B। E. 2519 ) becomes 11 meters which is in opposite with the intentions and purposes of law. As for the interpretation of intentions and purposes of the Ministerial Regulation of Issue 9, referring to the annexed remark of the aforesaid regulations which stated that, the area of construction control is expanded. The expansion of construction control stipulated in Section 3. ( 1 )- ( 8 ), the construction control area must be measured from the MSL, onto the land for 200 meters, then it will fulfill the intentions of the regulations of Issue 9 and it will be operative , and truly useful for public. This case has no cause to lift the aforesaid injunction / or revoke the protection procedure to minimize injurious consequences before judgment. With all reasons, facts and matters of laws submitting in this appeal to the Supreme Court of Administration, 9 Litigants need to request for court’s kind consideration to give court’s decision or order to revoke the order of lifting injunction or protection procedure to minimize injurious consequences before judgment of the Administrative Court of Rayong province, as requested by 9 Litigants and with the operative result further on.

Yours Faithfully,
Signed: The Approved Person of 9 Litigants
Mr. Surachai Trong-ngam”