General Cases
Administrative Agency’s Duty on Disaster Prevention and Mitigation (A.183-188/2560)
The six Plaintiffs lived in Moo 5, Samoeng Nuea Subdistrict, Samoeng District, Chiang Mai. Since March B.E. 2548, North Samoeng Subdistrict Administrative Organization (North Samoeng SAO, the Defendant) had constructed Huai Kong Jop levee to regulate water levels in order to resolve the drought by making a construction contract with Mor. Limited Partnership. Afterwards, in September B.E. 2549, there were heavy rains in many areas of Chiang Mai causing a large amount of water flowing into the levee; consequently, such levee was seriously damaged. Thus, North Samoeng SAO informed Mor. Limited Partnership to repair the levee; meanwhile, North Samoeng SAO also hired a backhoe truck to rectify the drainage ditch of such levee. Moreover, on September 30th, B.E. 2549, the Chief Executive of
Samoeng Nuea Subdistrict and his subordinates digged the drainage ditch so as to drain water out from such levee, resulting in reducing the amount of water therein and preventing the levee from collapsing. However, around 4.30 p.m. on the same day, the levee collapsed causing the stored water to spill over the houses, properties, and farmlands and leading to
the six Plaintiffs’ damages. Therefore, the six plaintiffs brought the case to the Administrative Court requesting the Court to make a judgment to compensate them with interests.
