คำแปลคำวินิจฉัยของศาลปกครองไทย

คำแปลคำวินิจฉัยของศาลปกครองไทย

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.
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.
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.
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.

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