คำแปลคำวินิจฉัยของศาลปกครองไทย

คำแปลคำวินิจฉัยของศาลปกครองไทย

Filling of a Case for Damages in the Case of an Accident Caused by Wastewater Flowing From Municipal Garbage Truck
When the Plaintiff complained that the officials of the Defendant neglected to allow some debris and wastewater leaking from a municipal garbage truck onto the road resulting in the Plaintiffs’ accident, it was deemed that the such abovementioned duties complained by the Plaintiffs was merely the general duties of the person who drove a transport vehicle to carefully prevent the items from falling down which could endanger life, body, or property of people who travel along the road. According to Section 9 paragraph one (3) of the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999), the case filed with the Court was not a case involving a dispute in relation to a wrongful act or other liability of an administrative agency or a State official arising from the neglect of official duties required by the law to be performed. However, the mentioned case was a case involving a dispute in relation to a wrongful act of an administrative agency or a State official arising from the neglect of general duties that required the person who drove a transport vehicle to be performed, this case was thus not within the competence of the Administrative Courts to try and adjudicate.
อ่าน 50
อ่านรายละเอียด
Provincial Rural Road Office’s liability regarding injuries arising from its failure to follow Authoritative (Department of Rural Road) instruction in road maintenance
In this case, the Defendant No.2 was liable for the decedent’s death as it neglected to perform its statutory duty in maintaining the road as instructed. Upon considering the cause of death, the Court held that the absence of street signs especially timber barricade at the location of the incident was material. Although a timber barricade may not directly prevent the incident, it could have helped reduce the severity of such incident had the Defendant No.2 installed a timber barricade as specified in the Defendant No.3’s instruction. The barricade would have stopped the motorcycle and the decedent from going as far as 10 meters from the edge of the road and thereby prevent the decedent from submerging which led to the decedent’s death. Meanwhile, the decedent was also at fault, as the decedent was driving the motorcycle at a high speed that exceeded what a reasonable driver would during twilight or night-time and when approaching a junction, an act in which a reasonable person would not have done so in similar circumstances. The decedent’s death was directly caused by his own act of negligence and the authority’s, the Defendant No.2, failure to perform its statutory duty. Having both the decedent and the Defendant No.2 responsible for the injuries occurred from the incident, the Supreme Administrative Court determined after weighing and comparing the circumstance and level of negligence of each party that the decedent’s negligence was more material and ordered the Defendant No.3 as the Defendant No.2’s supervisory state agency to pay one-third of the compensation sought by the Plaintiff, as the mother of the decedent, for its contribution.
อ่าน 62
อ่านรายละเอียด
The Consideration of the Car Purchaser’s Age according to the Government Project of First New Car for Refund
According to the Cabinet Resolution, “the purchaser” under the government policy of first new car project means the person who purchases the first new car both in the case of purchasing car by cash and in the case of hire-purchase. As for the consideration of the aging criteria for requesting the refund, the purchaser thereof must have the completion of the twenty-one years of age or older. In the case of purchasing car by cash, it will consider the age of the purchaser on the day the sale contract is made. In the case of hire-purchase which is the juristic act, it is required by the law to be a written form and such contract of hire-purchase is void unless made in writing according to Section 152 and Section 572 of the Civil and Commercial Code. Therefore, in the case of hire-purchase, the purchase’s age must be considered on the date that the hire-purchase contract was made. It could not consider on the date of a car reservation since such car reservation contract was neither a sale contract nor a hire purchase contract, which could make the Plaintiff eligible to be the car purchaser under the above-mentioned Cabinet Resolution. Consequently, the Plaintiff was over twenty-one years old when the car-hire-purchase contract was made; the Plaintiff was hence eligible to receive a refund under the Government Policy of First New Car.
อ่าน 111
อ่านรายละเอียด
A party to any proceeding who cannot speak or understand the Thai language is responsible for obtaining an interpreter
According to Clause 9 paragraph four of the Rule of the General Assembly of Judges of the Supreme Administrative Court on Administrative Court Procedure, B.E. 2543 (2000), in the case where the party or person who is present in the Court is unable to understand the Thai language or is deaf or dumb and unable to read and write, the service of an interpreter will be provided by the party concerned. Therefore, the Plaintiff was responsible for obtaining an interpreter on the date of the first hearing. When the Plaintiff failed to do so, there was no reason for the Court to postpone the hearing as requested. It was also not a case where the Court deems it appropriate to hear a statement of any person and such case requires the service of an interpreter under Clause 52 of the said Rule. The Supreme Administrative Court affirmed the judgment of the Administrative Court of First Instance that dismissed the case.
อ่าน 101
อ่านรายละเอียด
The Appraisal of the Price of Land to be Expropriated Inconsistent with the Law
The Royal Irrigation Department has appraised the estimate price of land to be expropriated and set the amount of money to be paid to the Plaintiff at the price of 100,000 baht per Rai for the land other than the land adjacent to Huai Mongkol - Huai Sai Ngam Road and the land adjacent to road, alley, or passage. The price was determined by overall location of most part of the land expropriated. Therefore, if any plot of land has a different location, acquisition or damage, the compensation to be paid for each land is different. The Plaintiff’s land is used in agriculture, even it is not adjacent to road, alley, or passage but when the whole plot of land is expropriated the Plaintiff would therefore be unable to use the land for agriculture. Moreover, the Plaintiff has to find another plot of land with similar conditions to use in agriculture thus, it can be considered that the Plaintiff has suffered substantial damage from the expropriation, even the estimate price of land was higher than the appraised value, but it was not in accordance with the damage that the Plaintiff received. The estimate price of land to be expropriated set by the Royal Irrigation Department is therefore unlawful, inappropriate, and unfair under Section 42 paragraph two of the Constitution of the Kingdom of Thailand, B.E. 2550, and Section 21 paragraph one (4) of the Immovable Property Expropriation Act, B.E. 2530. Thus, the appraisal of the price of land should be increased by 40 percent of the appraised price the Plaintiff received by increasing to 140,000 baht per Rai.
อ่าน 356
อ่านรายละเอียด
Administrative Agency’s Duty on Disaster Prevention and Mitigation
When the levee was damaged, the Defendant had performed the duties as required by the law by notifying the contractor of repairing the damaged part of such levee; meanwhile, the Defendant also hired a backhoe truck to rectify the drainage ditch thereof. However, when the levee was more seriously damaged and there was a large amount of water in such levee, it might cause the levee to be irresistible the water force. If the Defendant waited the contractor repairing or adjusting the levee completely, it would be unable to solve the problem in time and would cause such levee collapsing. The Defendant therefore proceeded to primarily rectify by digging the drainage ditch in order to drain water out from the levee; nevertheless, such levee had still collapsed. It was deemed that the Defendant did not willfully or negligently act against another person in violation of law resulting in the injury against his or her property, which would be a tort pursuant to Section 420 of Civil and Commercial Code. Nonetheless, such performances of the Defendant resulted in the damages to the six Plaintiffs; it was considered as the case of other liability that required the Defendant to be liable for the compensation for such.
อ่าน 485
อ่านรายละเอียด
Disclosure Official Information
According to Section 11 paragraph one of the Official Information Act, B.E. 2540 (1997), it provides that if any person makes a request for any official information other than the official information already published in the Government Gazette or already made available for public inspection..., the responsible State agency shall provide it to such person within a reasonable period of time. In this case, the Defendant No. 2 did not comply with this Section; therefore, the Court held that he neglected the duty required by the law to be performed or performing such duties with unreasonable delay. Pursuant to Section 28 and Section 32 of the Act, they provide the power to the Defendant No. 1 to summon any person to give statements or, document or evidence for the consideration. However, the Defendant No. 1 did not have the power to summon the Defendant No. 2 to provide official information to the Plaintiff, nor the Defendant No. 1 had to report such complaint to the Council of Ministers. The Court, thus, held that the Defendant No. 1 did not neglect its duties. Accordingly, the judgement of the Administrative Court of First Instance was affirmed in part as modified by the judgment of the Supreme Administrative Court.
อ่าน 634
อ่านรายละเอียด
The Authority of a Local Official to Permit Street Vending on Public Roads
The Plaintiff, who had a residence and opened a clothing store on Chamroenwithi road, claimed that he was aggrieved by the Announcement of the Defendant Re Conditions and Rules for Allowing Vendors on Chamroenwithi Road, dated 12th August B.E. 2555 (2012), which permitted street vendors to cook food, sell or distribute goods on Chamroenwithi road from 6.00 to 24.00. Due to this Announcement, a noodle stall was set up in front of the Plaintiff’s store, which obscured the building and caused pollution. The Plaintiff therefore requested the Administrative Court to revoke said Announcement. The Supreme Administrative Court held that the Defendant stipulated the conditions for vendors to sell goods in specific areas from 6.00 to 24.00—morning shift from 6.00 to 15.30 and afternoon shift from 15.30 to 24.00. By setting the permitted time in this manner, vending was practically allowed all day. The time period that vending was prohibited was only from 00.01 to 05.59, which was the time when most people were resting at home, not going outside. As a result of such permission, street stalls were set up and obscured the front of the Plaintiff’s building as well as other commercial buildings along Chamroenwithi road for the whole day. This caused an undue burden and was neither a temporary nor appropriate permission under the Act on the Maintenance of the Cleanliness and Orderliness of the Country, B.E. 2535 (1992). Consequently, the Announcement of the Defendant Re Conditions and Rules for Allowing Vendors on Chamroenwithi Road, dated 12th August B.E. 2555 (2012), was unlawful and shall be revoked.
อ่าน 576
อ่านรายละเอียด
The Discretionary Power of Administrative Agency in Policy-making Regarding Public Services Facilitation
The Plaintiff, who resided in the area of responsibility of the Defendants, made a written complaint, dated 30th November B.E. 2561 (2018), requesting the Defendant No.1 to install convex traffic mirrors at the junctions of Prachachuen 12 Alley. In spite of that, the Defendant No.1 did not replied to the Plaintiff nor delivered the requested public service. Thus, she filed a plaint with the Administrative Court requesting the Court to order the Defendants to install the convex traffic mirrors as demanded. The Court reaffirmed that the administrative agency had discretionary power to plan out the public services management policy independently while considering practicability, budget, urgency and consequential effects of each choices. Seeing that there were various factors involved that the Defendants had to take into considerations, the Court could not rule over the discretion of the Defendants in policy-making regarding public services facilitations. Given that the relief the Plaintiff sought could not be granted by the Court, the Plaintiff had no standing to file a case in the Court according to Section 42 paragraph one of the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999).
อ่าน 547
อ่านรายละเอียด
Termination from police service because of having a criminal record on leading an assembly
The Plaintiff claimed that the Defendant No.2 issued an order of the instatement of persons to the police service as Non-Commissioned Officer from candidates who had been selected and had passed the competitive examination for 460 persons, dated 25th September B.E. 2552 (2009). The Plaintiff was instated and appointed to the position of Squad Leader, Crowds Control Sub-Division 2, Protection and Crowds Control Division. Later, the Defendant No.2 issued an order terminating the Plaintiff from his police service due to the fact that he had a record of criminal offence on leading an assembly and gathering of persons relating to low paddy price issue. Therefore, the Plaintiff was considered as a person having bad behavior and lacking of good morals, which resulted in a disqualification as prescribed by Rule 2(2) of the Regulation of the Police Commission on Qualifications and Prohibited Characteristics for Being a Police Officer, B.E. 2547 (2004). The Plaintiff submitted an appeal letter to the Police Commission. The Police Commission had a decision that the order terminating the Plaintiff from police service was lawful. As a result, the Plaintiff filed a plaint with the Administrative Court to adjudicate or order the Defendant No. 1 to revoke the order, date 30th August B.E. 2553 (2010) amended on 11th May B.E. 2554 (2011), only in part of the termination from service. The Administrative Court of First Instance ordered a revocation of the said order. The Supreme Administrative Court affirmed.
อ่าน 696
อ่านรายละเอียด

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