The Court found that four of the defendents, who were public authorities, including the Chief Executive of Racha Thewa Subdistrict Administrative Organisation and the Governor of Bangkok, neglected their official duties required by law with regard to the conduct of a waste disposal service by landfill by a private entity in Racha Thewa subdistrict.

Inter alia, the Court ruled that the Chief Executive of Racha Thewa Subdistrict Administrative Organisation’s issurance of a license to the private entity without having conducted an environmental impact assessment and within a one year period from the revocation of the previous license by the Administrative Court was in contrary to the law and was therefore unlawful. In addition, the Governor of Bangkok negliected its duties to control and oversee the coduct of the private entity, who performed the waste disposal public service on its behalf, was hygienic and in accordance with relevant legislation.

The Court therefore ordered revocation of the license which was to take effect after 90 days from the day the Court rendered its judgement, in order not to effect the provision of public service.