KOH TAO: Residents of Koh Tao have formally petitioned the Ombudsman to urge the Administrative Court to annul a ministerial regulation that prohibits the issuance of land title deeds on the island. ‘Lawyer Ananchai’ argues that this regulation relegates islanders to the status of second-class citizens. He openly challenges the Treasury Department’s assumption that its status as a government agency guarantees the righteousness of its actions, asserting that it will inevitably face legal action in both the Administrative Court and the Court of Justice.
According to Thai News Agency, Mr. Ananchai Chaidet, President of the Lawyer Army Foundation, alongside Koh Tao villagers in Koh Phangan District, Surat Thani Province, filed their petition with the Ombudsman. They are requesting an investigation and a formal opinion from the Central Administrative Court to revoke Ministerial Regulation No. 43 (1994), Section 14 (3). This regulation stipulates that land title deeds can only be issued for land that has been poss
essed and utilized by the rightful owner. It excludes islands unless there is evidence of land possession, such as a reservation certificate, utilization certificate, or a title deed. Mr. Ananchai argues that the regulation infringes on the rights and freedoms of the islanders, contradicting Section 49 bis of the Land Code and Sections 5, 26, and 27 of the Constitution.
Mr. Ananchai further announced plans to present the matter to Ms. Nantana Nantvaropas, a Senator, seeking her intervention. If the House of Representatives convenes, he intends to bring the issue before the Committee on Law, Justice, and Human Rights, which has already investigated the matter and holds a similar view. Despite this, the Treasury Department has maintained its stance as a government agency. Mr. Ananchai vows to continue the legal battle, emphasizing that legitimacy will ultimately prevail over illegality. He warns the Treasury Department not to assume that their governmental status inherently validates their actions, and asserts
that they will face legal challenges from both the Nakhon Si Thammarat Administrative Court and the Samui Provincial Court.