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ดุลพาห

1.2 Relationship between an administrative office and officers on the one
hand and a citizen or a third party on the other

Administrative procedural law is indispensable for the relationship
between administrative offices and their officers on the one hand and the citizens

or third parties on the other. Remarks annexed to the Administrative Procedure Act
clearly states that the rationale behind the enactment of this law was that appropriate

regulations and procedures governing administrative acts were still lacking at the
time and that such regulations and procedures were necessary in order to ensure

compliance with and efficient enforcement of the law, to render justice to the people
as well as to prevent government corruptions and misconducts.

In the event that any administrative office and its officers neglect to comply
or do not comply with the administrative procedural law, such act or failure to act

which affects the rights and freedoms of the people is unlawful and revocable by
that administrative office or by a judicial body. The major judgement that illustrates

this principle of law is Supreme Administrative Court’s judgment No. Or. 338/2552
(2009). The Defendant (District Director) announced an exemption zone which

allowed the Plaintiff to sell goods on the sidewalk in question. The decision was
reached possibly because the Defendant was of the view that the sidewalk was

not needed in order to grant access to a public road for a large number of people.
Yet, due to a subsequent change in circumstances when the Bangkok Metropolitan

Administration Office permitted Company Ror to cut through the sidewalk to grant
access to the public road for its residents living on the property, the Defendant was no

longer in a position to continue allowing the Plaintiff to sell goods on the sidewalk.
The administrative order which resulted in a revocation of such rights issued by the

Defendant was therefore lawful and in accordance with Section 53 paragraph 2 (3)
of the Administrative Procedure Act. However, since the Plaintiff also suffered

from the decrease of income, he or she was also entitled to compensation arising

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