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Filing of A Case concerning The Protection of Public interest

In the case of filing the case with Court requesting the Court to revoke the resolution of the Provincial Land Reform Committee which permitted a person to use land in the land reform area for business operation of cassava drying yard, such case should be filed with the Court within ninety days as from the date the cause of action was known or should have been known. In this case, when the Plaintiff filed a complaint with the Damrongtha m Provincial Center, it was deemed that the Plaintiff had known or should have known the cause of action. When the Plaintiff filed the aforementioned case after the said prescription, it was considered that the Plaintiff filed the case after the lapse of time within which an administrative case could be filed. However, the grievances from d ust, noise pollution, and foul odor as the result of business operation of cassava drying yard might adversely affect not only the Plaintiff whom his house located nearby the business establishment but also the residents who Lived around such area; additionally, these grieva nces might negatively affect people who passed by this area, as well. It was deemed that it was a filing of a case concerning the protection of public interest which it might be filed at any time according to Section 52, paragraph one of the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999). The Administrative Courts therefore accepted the case for trial and adjudication even after the lapse of time for filing such case.

Academic_230522_110243.pdf (1.48KB)

ปรับปรุงข้อมูลเมื่อ : 23 พ.ค. 2565

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