A Writ of Mandamus is a command from a superior court to some person, corporation or inferior court requiring them to do some particular thing relating to their office and duty.
Mandamus may be a command to do or to not do a particular administrative action. It is supplemented by legal rights that must be both judicially enforceable and legally protected. A person is considered “aggrieved” when he is denied a legal right by someone who legally must do something and abstains from doing it.
The applicant pleading for the writ of mandamus to be enforced should be able to show that he has a legal right to compel the respondent to do or refrain from doing the specific act. It must be a public duty that is absolutely necessary and not discretionary.
The purpose of mandamus is to correct defects of justice. It lies in cases where there is a specific right but no specific legal remedy for enforcing that right. There may be an alternative remedy but the option is less convenient, beneficial, or effectual. At the discretion of the court, the grant of mandamus is, therefore, a more reasonable remedy.
Traditionally, writs of mandamus have been rare but are being issued in a growing number of situations.
There are three kinds of mandamus:
Alternative Mandamus : A mandamus issued upon the first application for relief - commanding the defendant either to perform the act demanded or to appear before the court at a specified time to show cause for not performing it.
Peremptory Mandamus : An absolute and unqualified command to the defendant to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative mandamus.
Continuing Mandamus : A Mandamus asking to prevent a miscarriage of justice - issued to a lower authority to perform its tasks expeditiously for an unspecified period of time.
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