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Types of Mandamus

There are three types of mandamus: 1) Alternative mandamus commands the respondent to either perform the act or appear before the court to explain why not. 2) Peremptory mandamus absolutely commands the respondent to perform the act if they did not comply with an alternative mandamus. 3) Continuing mandamus is issued in public interest for an authority to perform its tasks expeditiously to prevent injustice. Mandamus is a court order for a government body to perform a public duty they are legally obligated to do. It cannot compel actions against statutory law or be used for indirect purposes.

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102 views2 pages

Types of Mandamus

There are three types of mandamus: 1) Alternative mandamus commands the respondent to either perform the act or appear before the court to explain why not. 2) Peremptory mandamus absolutely commands the respondent to perform the act if they did not comply with an alternative mandamus. 3) Continuing mandamus is issued in public interest for an authority to perform its tasks expeditiously to prevent injustice. Mandamus is a court order for a government body to perform a public duty they are legally obligated to do. It cannot compel actions against statutory law or be used for indirect purposes.

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amitmohanty49
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Types of Mandamus

The party requesting a writ of mandamus to be enforced should be able to show


that they have 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: [2][full citation
needed]
 It must be a duty of public nature and the duty must be imperative and should
not be discretionary. Furthermore, mandamus will typically not be granted if
adequate relief can be obtained by some other means, such as appeal.[3][failed verification]

Purpose.

The purpose of mandamus is to remedy defects of justice. It lies in the cases where
there is a specific right but no specific legal remedy for enforcing that right.
Generally, it is not available in anticipation of any injury except when the
petitioner is likely to be affected by an official act in contravention of a statutory
duty or where an illegal or unconstitutional order is made. The grant of mandamus
is therefore an equitable remedy, and a matter for the discretion of the court, the
exercise of which is governed by well-settled principles.[4]

Mandamus being a discretionary remedy, the application for it must be made in


good faith and not for indirect purposes. Acquiescence cannot, however, bar the
issue of mandamus. The petitioner must, of course, satisfy the Court that they have
the legal right to the performance of the legal duty as distinct from mere discretion
of authority.[5] A mandamus is normally issued when an officer or an authority by
compulsion of statute is required to perform a duty and that duty, despite demand
in writing, has not been performed. In no other case will a writ of mandamus issue
unless it be to quash an illegal order
Mandamus (/mænˈdeɪməs/; lit. ''we command'') is a judicial remedy in the form of
an order from a court[1] 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), and which is in the nature of
public duty, and in certain cases one of a statutory duty. It cannot be issued to
compel an authority to do something against statutory provision. For example, it
cannot be used to force a lower court to reject or authorize applications that have
been made, but if the court refuses to rule one way or the other then a mandamus
can be used to order the court to rule on the applications.

Mandamus may be a command to do an administrative action or not to take a


particular action, and it is supplemented by legal rights. In the American legal
system it must be a judicially enforceable and legally protected right before one
suffering a grievance can ask for a mandamus. A person can be said to be
aggrieved only when they are denied a legal right by someone who has a legal
duty to do something and abstains from doing it.

3 TYPES;

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.[6][7]

Continuing mandamus: A mandamus issued to a lower authority in general


public interest asking the officer or the authority to perform its tasks expeditiously
for an unstipulated period of time for preventing miscarriage of justice.

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