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A writ of mandamus is issued against a person who has legal duty to perform but fails in doing so. it is issued in favour of a person who establishes a legal right to be enforced. some of the key points to be kept in mind while seeking a mandamus are:

  • the person against whom mandamus is sought must be under statutory obligation to perfom that duty
  •  the petitioner must have legal right to be enforced
  • in cases of inaction or slow action mandamus can be issued
  •  normally a mandamuss can not be issued against a private individual
  • administrative instructions/Departmental orders can not be enforced by writ of mandamus
  • mandamus can not be issued to Government to enforce cabinet decision
  • mere recomendation of an authority can not be enforced by madamus
  • mandamus can be issued to comply with the orders of superior tribunal
  •  mandamus can not be issued in contradiction with statutory provisions
  •  mandamus can not be issued to legislature or government to make laws or rules
  •  mandamus can be issued to take decision on an application/representation if it is pending since long
  •  mndamus can not be issued to enforce contractual obligations

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Category Constitutional Law, Other Articles by - Swami Sadashiva Brahmendra Sar 


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