The Navigation in the Thai Waters Act, B.E. 2456 (1913) was designed to regulate navigation in Thai waters, ensuring the safe and orderly use of public waterways and preventing actions that could obstruct or endanger navigation. While the Defendant No. 2 had the authority to issue orders under this Act, such orders needed to align with its intent. In this case, the Plaintiff initially built a house that encroached upon a public canal, obstructing navigation. In response, the Defendant No. 2 ordered the Plaintiff to remove the house, which the Plaintiff complied with. However, the Defendant No. 2 subsequently issued another order instructing the Plaintiff to restore the canal to its previous state. The Plaintiff challenged this second order, arguing that it was unlawful. The Supreme Administrative Court ruled that the order caused the canal to revert to a shallow state and altered its usability as a waterway, which was inconsistent with the intent of the Act. Therefore, the order was found to be an undue exercise of discretion, imposing an excessive burden on the Plaintiff. Consequently, the Court ruled that the order of the Defendant No. 2 was unlawful and revoked it.
ศาลปกครอง
วิชาการ
สืบค้นข้อมูล
บริการประชาชน
