The legal claim against Cherng Talay OrBorTor was filed by Cherng Talay Municipality, which is responsible for the Cherng Talay areas inland from the beach.
Central to the dispute is a series of conflicting official maps that show different boundaries for the two local administrations.
“The issue initially arose from a decree in 1963, which created Cherng Talay OrBorTor and designated which areas it was to manage,” explained Cherng Talay Municipality Mayor Suniran Rachatapruek.
“The first map was drawn by the District Chief, who may not have visited the area when drawing it, or the equipment at that time may not have been advanced enough to produce accurate boundaries,” he said.
“But the current problem isn’t just about the land. I’ve seen that Cherng Talay OrBorTor never took care of Moo 1-4, while Cherng Talay Municipality collects taxes and provides services for residents in those areas,” Mr Suniran added.
He stressed that the municipality has been collecting taxes to fund water and electricity improvements, install utility poles, carry out repairs and provide other amenities.
“On behalf of Cherng Talay Municipality, I have filed a legal claim because this is an area we’ve managed since the beginning. The taxpayers know the municipality has been working to improve the area and address problems. Suddenly, the OrBorTor comes in and says, ‘This is ours,’ but it isn’t,” he argued.
“That area is [a source of] municipal revenue. Cherng Talay OrBorTor has never looked after it. Since Chief Manoch has been appointed, he won’t listen to or understand what we’re saying,” he said.
“I’ll wait until January. We can’t resolve this with him,” Mr Suniran concluded, referring to the nationwide elections to be held early next year to elect new OrBorTor chiefs.
STEADFAST
Mr Manoch maintains Cherng Talay OrBorTor “overlaps with parts of the Cherng Talay OrBorTor’s jurisdiction, creating uncertainty over which authority is responsible”.
“While maps have been drawn up to demarcate the boundaries, no consensus has been reached,” he said.
“The OrBorTor covers six villages in total. It fully covers Moo 2 [Baan Bang Tao], Moo 3 [Baan Hat Surin], Moo 4 [Baan Pasak], Moo 5 [Baan Bang Tao Nok] and Moo 6 [Baan Khok Tanode), while also covering part of Moo 1 [Baan Cherng Talay] ‒ the same village that falls under the municipality,” Mr Manoch said.
“It seems like the boundaries described in the map don’t match up. Some areas don’t correspond when checked on site,” he added.
Mr Manoch refused to respond directly as to whether Cherng Talay OrBortor provides municipal services to residents in those areas ‒ but did repeatedly say that his office has the right to issue building permits, and collect taxes from residents, in those areas.
LAST CHANCE
Phuket Vice Governor Samawit Suphanphai earlier this week chaired a meeting at Phuket Provincial Hall in the hope of resolving the dispute.
Mr Manoch and a team of officials from Cherng Talay OrBorTor were present, to present their case.
“Regarding taxes, anyone applying for a permit should pay the taxes in that jurisdiction, so as not to burden the private sector or the public. Since we issued the permits, we should receive the taxes,” Mr Manoch said.
“After the meeting, we concluded that the Vice Governor should file a complaint with the Ministry of Interior,” he added.
While calling for a complaint to be filed with superiors, Mr Manoch still recognised the claim filed against his office.
The issue has now reached the Phuket Administrative Court (Black Case No. 10/2024), which is considering the case.
Vice Governor Samawit confirmed that he has forwarded the matter to the Ministry of Interior for consideration, following recommendations from the Provincial Public Works and Town & Country Planning Office.
The provincial committee has approved a proposal for a correction of the official map to be used to mark the boundaries of the two administrations. The committee emphasised the need for transparency and minimal disruption for local residents, said an official report of the meeting.
“The province will comply strictly with the Administrative Court’s ruling once it is delivered,” Vice Governor Samawit said.