|The Administrative Official Neglects to Perform His Duty in Building Inspection (Santika Club)*|
According to the Bangkok Metropolitan Administration Act, B.E. 2528 (1985), Building Control Act, B.E. 2522 (1979), and order of the Defendant dated 27th July 1999, the Director of Vadhana District acting on behalf of the Defendant shall have power to consider granting and revoking license of construction or modification of the building, and to prohibit any person from using or entering into any part of the building or
the site not accurately done as licensed. The Director of Vadhana District, however,
did not perform his duty by inspecting whether the construction of the Santika Club had been accurately done as licensed. The death of the Plaintiff’s son was the direct result of the negligence and wrongful act of the Director of Vadhana District pursuant to Section 420 of the Civil and Commercial Code. As an State agency, the Defendant shall be liable to the Plaintiff for the result of wrongful act of its officials in
the performance of their duty under Section 5 of Act on Liability for Wrongful Act of Official, B.E. 2539 (1996).