Mandamus writ
bhima balla
(Querist) 22 May 2012
This query is : Resolved
Dear experts .can you please explain different mandamus writs available in INdia?
Is preemptory mandamus writ valid?
R.K Nanda
(Expert) 22 May 2012
Academic query and thus read law books.
SAINATH DEVALLA
(Expert) 23 May 2012
The term “mandamus” literally means “command.” Writ of mandamus is issued to a person or lower level Court or a body by a superior Court. The writ of mandamus is either issued to oblige a person or the Court or a body for the execution of public duty or imposed on them to restrain them from executing a particular act. The writ of mandamus is an effective writ that checks the functioning of the government.A writ of mandamus cannot be issued against contractual obligations of the government, as they are not considered public duties. The writ of mandamus can be granted only for matters involving public duty that is mandatory and not discretionary in nature. However, in a case where an authority has been granted a discretionary power and the authority declines to exercise the power or exercises it in an improper manner, the Court may issue an order of mandamus to oblige the authority to exercise its discretion and direct the authority to use the legal power vested in it.
The writ of mandamus is also popularly known as the writ of justice as it plays a significant role in rectifying the improper and irresponsible actions of government officials and it serves the purpose of almost all other writs. The writ of mandamus can be granted only if the petitioner proves that he possesses a legal right to oblige the government to act in a specific manner or perform a duty.
Another mandatory condition for the issuance of writ of mandamus is that the aggrieved shall first seek justice from the administrative authority. Only on being denied by the authority can he exercise his legal right to approach the Court for the matter.
Peremptory writ of mandate (or mandamus) a final order of a court to any governmental body, government official or a lower court to perform an act the court finds is an official duty required by law. This is distinguished from an alternative writ of mandate (mandamus) which orders the governmental agency, court or officials to obey the order or show cause at a hearing why it should not. The usual practice is for anyone desiring such an order is to file a petition for the alternative writ. If the officials do not comply with the order and fail to convince the court that the writ of mandate should be issued, then the court will issue the peremptory writ. In some emergency situations or when there is no conceivable reason for the government not to follow the law, then the peremptory writ will be issued after a notice of hearing without the alternative writ.
Shonee Kapoor
(Expert) 02 June 2012
Thanks.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
