Government officials neglected their duties as required by law, unduly delayed in the case of nuisance and dangerous business

Abstract

In this case, the six complainants appealed to the Supreme Court that the business of steaming mackerel in houses No. 313 and 314 caused continuous annoyance by the smell and sound to the six complainants. The 1st defendant is a district municipality, accused of neglecting duties under the Public Health Act, BE.1992, and violating the announcement of the Ministry of Public Health No. 5/2538, regarding activities that are harmful to health.  The facts later appeared that the steamed mackerel entrepreneurs had moved their business locations to other areas.  Therefore, there was no longer a nuisance to the problem.  The second defendant was an officer under the Ministry of Interior, having the power to supervise the 1st defendant, according to the Municipality Act, BE. 1953.  The fact is that the second defendant therefore had a letter to the 1st defendant, proceeding with the investigation and coordinated the relevant departments and authorities, and reported the investigation results to the 2nd defendant.  The 2nd defendant is of the opinion that the 1st defendant had carried out an investigation and resolved preliminary problems report. The case therefore can be considered that the 2nd defendant has performed his duties as required by law to supervise the 1st defendant, so the 2nd defendant did not neglect his duties. The 3rd defendant, is a government official in accordance with the Factory Act, BE. 1992.  The Mackerel Planned Business was transferred to the Municipality to oversee and no evidence was found in the case that the six complainants issued a complaint regarding annoyance and the nuisance about the smell and sound, directly to the 3rd defendant.

The case is not yet considered that all three defendants neglected their duties as required by law, to perform or perform their duties unreasonably late.