What is Mandamus? A writ of mandamus or simply mandamus, which means we command in Latin, is the name of one of the prerogative writs in the common law, and is issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly.1 Mandamus is a judicial remedy which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. The applicant pleading for a writ of mandamus to be enforced must demonstrate that s/he has a legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities: 1. It must be a duty of public nature; and 2. The duty must be imperative and should not be discretionary.
Posted on: Thu, 13 Nov 2014 01:16:35 +0000
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