21 March 2009
Subject: Opinion toward the Administrative Black Case No: 54/2550
Attention: Judicial of the case
Attachment: Copies of Dr. Anatthachai Ratthakul’s graduation documents of 8 Items
I, hereby Dr. Anatthachai Ratthakul, undersigned of this letter, would
like to ask for Your Honor’s kind permission from Rayong Provincial Administrative Court to submit my opinion relating the Black Case No: 54 / 2550 for Court’s consideration which may benefit the court, from personal experiences, involved graduations including work experiences from the pass until recently together with all attachments needed for consideration of court.
I hereby verify that I have adequate qualification for opinion giving so I
hereby sign my name underneath this Statement for completion.
Kuan Mikuan Laew Dtair Ja Proed
- Signed - : Opinion Maker
( Dr. Ratthakul )
Opinions toward involved information shown on the Maps
And the Maps involving with this case
Thoughts About the Map
(Reference: Website http:// www.utexas.edu/depts./grg/gcraft/notes/mapproj/mapproj.html)
Maps are very important materials man has used to help in all fields of
professions, Education and Daily living since an ancient time until present time. Maps are considered to be very important to study what shown on the maps for both natural made and manmade. Each type of Physical areas, Weathers over the seas and water areas will also relate to human’s activities too.
( Reference: Website http://www.envi.psu.ac.th/gis/map/map.html )
Maps are very important materials man has used to help in all activities
In Daily living from the pass until today. Maps are the important help in Country Development, Education, Professions and Being tools in all types of operations such as Survey, Physical Area, Agriculture, Transportation, Army and Police operation, Art and Culture and etc. These fields need Maps to be guidelines always.
Scales on the Map is the comparison between the distance on the map and Area Physical distance or the relation between flat lanes distance on the map and flat lanes by Are Physical Distance.
Scale written can be in many ways example: 1
50,000
Or 1 / 50,000 or 1: 5,000
Calculation of the Distance on the Map
Calculated from: Scale on the map= distance on the map
Area Physical distance
……………………………………………………………………….
Opinions toward involved information with the Case shown on general Maps
Meaning gave by the Royal Thai Dictionary
1.General meaning of “ Loog-sorn (Arrow)” on a map
“Loog-sorn”/Noun:Means a symbol used to show direction, etc. it has the shape like
the tip of an arrow. The unit name is “dohg ”.
Additional Opinion:In general, an arrow is used to point to what it is opinion to. If
The arrow is for defining another detail apart from the meaning
of it then there always be clarification shown for specific purpose
of that arrow.
The word “a symbol used to show direction” means the direc- tion an arrow is pointing to. If an arrow is pointing to any symbol on a map, then it shows the meaning of that symbol. Without another information clarified and fixed its purpose on the map and / or an Explanation attached clearly, an arrow therefore is used to tell meaning of what an arrow pointing to only.
2.General meaning of the word “ Kaid ( Boundary/Border line )” on a map
“Kaid” /Noun: Means an area which has a fixing to separate it such as Kaid of
forest ( Forest Boundary), House Boundary, Time with a limit
such as Expire date on 15th.(Bpor. Kaidd), (Ancient way of writing was
Kaidtra).
Additional Opinion: “Kaid” is a line which used to divide one area from another. It
may or may be a line which can be seen on the alignment such as
Thai- Burma Border line.
3.General meaning of the word “ Naew-Kaid ” on a map
“Naew” /Noun: Means something on alignments such as Alignment of Pine trees,
Fence alignment or being like a long line such as got whipped
and it shows whipped lines, understood to be something such the
same way, such as the ways of thought, policy ways.
Additional Opinion: “Naew- Kaid” means an area along the border line which is very
narrow which is not the furthest line used to divide one area from
another. Naew- Kaid is the area that goes along and attached to
the border line on the inside such as Neaw-Kaid Thai- Burma
means narrow areas along the border lines which are not on the
lines or point of border lines.
The word “ understood to be something such the same way ” means something similar, close to, same way. There may be some small additional details included but the direction shown by information must going the same way.
……………………………………………………………………
4.General meaning of the word “ Construction Control Line” on a map
No definition shown in the Royal Thai Dictionary.
Additional Opinion: “Construction Control Line” means a line shown on the map
which must be used following Designed Specific Standard and it
is the point for starting the measurement.
Opinions toward involved information with the Case shown on the Involved Maps
Annexed Map with the Ministerial Regulations Issue 8 (B.E. 2519)
1. The Ministerial Regulations Issue 8 (B.E. 2519) promulgated to be in
accordance with the Construction Control Acts B.E. 2479 which intends to fix the area within the distance of 100 meters measuring from the Construction Control Line as shown in the Royal Decree stipulated to enforce the Construction Control Act B.E. 2479 over the areas of Banglamung, Nakluea and Nongprue Sub-districts of Banglamung District, Chonburi Province B.E. 2499, Along the Sea Sides Inward Onto the Land to be the prohibited areas for Buildings taller than 14 meters from road surfaces.”. Therefore, I would like to summarize my opinion from reading the Annexed Map of this Regulations and the important points are as follow; ( as shown in Attachments No: 1 – 2: Copies of Annexed Map to the Royal Decree stipulated to enforce the Construction Control Act B.E. 2479 over the areas of Banglamung, Nakluea and Nongprue Sub-districts of Banglamung District, Chonburi Province B.E. 2499 and Statements of Issue 8 ( B.E. 2519)).
1.1This map shows the whole area in the Construction Control Line by
using to be a the symbol to show the outer edge of area which this line continue lining until it meets the other end to be one whole area by showing the Construction Control Line as shown in the Annexed Map of Royal Decree stipulated to enforce the Construction Control Act B.E. 2479 over the areas of Banglamung, Nakluea and Nongprue Sub-districts of Banglamung District, Chonburi Province B.E. 2499 along the sea side.
- The Definition at the bottom left fixes to be the Construction Control Line
- From an information as above about the General meaning of the word “ Kaid
( Boundary/Border line )” shows;
“Kaid” /Noun: Means an area which has a fixing to separate it such as Kaid of
forest ( Forest Boundary), House Boundary, Time with a limit
such as Expire date on 15th.(Bpor. Kaidd), (Ancient way of writing was
Kaidtra).
Additional Opinion: “Kaid” is a line which used to divide one area from another. It
may or may be a line which can be seen on the alignment such as
Thai- Burma Border line.
Summary: This map shows the whole area in Construction Control Line and the outer Edge of the Construction Control Zone without telling distance or another information concerning the measurement to find the distance including there is no any explanation to tell the Coast Line at High Tide also. To read this map, it can not be read to the information that is not clarified on the map apart from seeing that it is the Construction Control Line only.
Annexed Map with the Ministerial Regulations Issue 8 (B.E. 2519)
2. The Ministerial Regulations Issue 9 (B.E. 2521) promulgated to be in accordance with the Construction Control Acts B.E. 2479 which still stipulated the area within the distance of 200 meters measuring from the Construction Control Line as shown in the Annexed Map of Royal Decree as mentioned, along the sea side to be the prohibited areas for Buildings taller than 14 meters from road surfaces. Therefore, I would like to summarize my opinion from reading the Annexed Map of this Regulations and the important points are as follow; (as shown in Attachments No: 3 – 4: Copies of Annexed Map to the Royal Decree stipulated to enforce the Construction Control Act B.E. 2479 over the areas of Banglamung, Nongplalai, Nakluea and Nongprue Sub-districts of Banglamung District, Chonburi Province B.E. 2499 and the Statements of Issue 9 ( B.E 2521))
2.1This map shows the whole area in the Construction Control Line
by using to be the symbol to show the outer edge of area which this line continue lining until it meets the other end to be one whole area by showing the Construction Control Line as shown in the Annexed Map of Royal Decree stipulated to enforce the Construction Control Act B.E. 2479 over the areas of Banglamung, Nongplalai, Nakluea and Nongprue Sub-districts of Banglamung District, Chonburi Province B.E. 2499 along the sea side inward on to the land.
2.2 The Definition at the bottom left fixes this thick line to be the
Construction Control Line without another attached clarification.
2.3 This map also shows the Coast Line at MSL by using a thinner
line than the one showing Construction Control Line to be the symbol ( Position A (top) and A (below) which lining along the inside edge of the lane of Construction Control Line, along the sea side until reaching the furthest margin of the area from North to South. There is an arrow pointing from the side which this arrow defines only the definition of this line only.
2.4 This map also shows the line at the distance of 100 meters from the Coast Line at MSL which is the same line of the thick line shown the Construction Control Line, along the sea side( Position B (top) and B (below ). There is an arrow pointing from the empty area on the side, written the word “ 100 meters ” which this arrow defines only the distance or the distance from one side to another side only.
2.5 From Clause 2.2 at the Position A (top) and A (below) and 2.3 at the Position B (top) and B (below ) show the Construction Control Line from the MSL which expanded out on the sea side until reaching the points show distance of 100 meters which these lines lay along Coast Line only, without clarifying another meaning whatsoever.
2.6 Two arrows pointing to each other and they are at the same level / at both points as in Clause 2.2 at the Position A (top) and A (below) and 2.3 at the Position B (top) and B (below ) as mentioned, show the distance from one line to another which is 100 meters without showing Directions of movement or Division of measurement whatsoever.
Summary: This map shows the whole area in Construction Control Line. The Construction Control Line which expanded for 100 meters out on the sea side and shows the Coast Line at MSL. There is no any explanation whatsoever to lead for the interpretation to be any Direction or Measurement Technique at all.
The Construction Control Line is found on the map at the line with positions A (top) and A (below) at the Coast Line at MSL.
The Measurement made to be in accordance with the Ministerial Regulation Issue 9 (B.E. 2521) and the Annexed Map of Royal Decree however, must be measured from the Construction Control Line at Coast Line at the MSL, inward onto the land for 200 meters. Within this area is the Prohibited are for Buildings taller than 14 meters.
Final Conclusions
I hereby, would like to ask for your Honor’s kind permission to state my opinion concerning the Conduct of State Officials in two ways measurement to find the distance of 200 meters from Construction Control Line by referred to the Ministerial Regulations as above that was incorrect and unfair by the following statements;
1. The Intention of every law stipulated by Law Stipulation Committee, all intend to protect Public and Nation Benefits. Both Ministerial Regulations intend to protect Coast line Environment from the damages by tall buildings and the others listed. However, by issuing the Ministerial Regulation Issue 9 (B.E. 2521) to expand the Construction Control Area to be wider for Tall buildings and forbidden types of construction to be constructed further from the Coast than the distance referred by the line fixed by Ministerial Regulation Issue 8 (B.E. 2519) to support the rapid growth in the area of Pattaya and near by.
2. Any Measurement Method to find the Construction Control Line referring to the Ministerial Regulation Issue 9 (B.E. 2521) which given a result of the narrower Construction Control Area than the Construction Control Area referring to the Ministerial Regulation Issue 8 (B.E. 2519) for no matter how much the distance narrower, it is considered to fail on completing the effectiveness and holiness of intension for issuing that law which there are 5 Principles which must be completed when stipulating any law which are correction, settlement, completion, holiness and effectiveness including being in agreement with public’s needs. It has shown that the interpretation of the Department of Civil Engineer and City Planning was not in agreement with the intention of law and failed to complete the holiness and effectiveness of law and it destroys the country both in the present time and will be more severe in the future.
3. The aforementioned Result of Measurement to find the Construction Control Line which gives the result that helps tall buildings and / or all types of prohibited constructions to receive permissions to be built closer to the sea more than before is the result of Measurement gaining from incorrect interpretation and the conduct which is not in agreement with the aforementioned Regulations. It helps by creating the ways for all Construction Investors without catering for Nation’s damage which will destroy the country in the future. This way of interpretation is compared to the interpretation of Mr. Sritanonchai which only intended to fulfill his needs without concerning the moral right and public’s benefits whatsoever.
4. If the Rayong Provincial Administrative Court proceeding the Trial by leaning on the Facts reported by the Department of Civil Engineer and City Planning and gives an Order to be in the similar way to the interpretation and conduct of the Department of Civil Engineer as happened before without concerning of the 5 Principles of law which have to be fulfilled as mentioned in Clause 2 however, the Rayong Provincial Administrative Court would be the hand to help to be in contrary with the Intention of involved Law as mentioned which will destroy the country and public both in the present time and in the future.
Kuan Mikuan Laew Dtair Ja Proed
- Signed - : Opinion Maker
( Dr. Ratthakul )
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