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.
