Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.
It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49-69.
By the (English) Justices Protection Act, 1848 (11 & 12 Vict. c. 44), 'Jervis's Act,' s. 5, the Court may, in lieu of a mandamus, grant a rule ordering justices to do any act appertaining to their office, and the (English) County Courts Act, 1888, s. 131 [see now (English) County Courts Act, 1934, s. 114], makes a similar provision as to county Court judges.
(2) Ordinarily mandamus. Where a plaintiff in an ordinary action is personally interested in the fulfilment of some duty by the defendant he may in certain cases endorse his writ with a claim for a mandamus, either with or without a claim for other relief, and an order in such action has the same effect as a writ of mandamus formerly had; see Ord. LIII., rr. 1-4.
An interlocutory mandamus may be granted by order of the Court in all cases in which it shall appear to the Court to be just for convenient that such order should be made [(English) Jud. Act, 1873, s. 25 (8]. [see now (English) Jud. Act, 1925, s. 45 (1)]
Means a command. It differs from the writs of prohibition or certiorari in its demand for some activity on the part of the body or person to whom it is addressed. Mandamus is a command issued to direct any person, corporation, inferior Courts or Government, requiring him or them to do some particular thing therein specified which appertains to his or their office and is in the nature of a public duty. A mandamus is available against any public authority including administrative and local bodies, and it would lie to any person who is under a duty imposed by statue or by the common law to do a particular act. In order to obtain a writ or order in the nature of mandamus, the applicant has to satisfy that he has a legal rights to the performance of a legal duty by the party against whom the mandamus is sought and such right must be subsisting on the date of the petition, Kalyan Singh v. State of Uttar Pradesh, AIR 1962 SC 1183; Director of Settlements v. M.R. Apparao, (2004) 4 SCC 638 AIR 2002 SC 1598 (1613). (Constitution of India, Art. 226)
Mandamus, in England, this writ does not issue to Crown or any public servant acting as the agent of the Crown unless there is a Statutory liability, Commentary on the Constitution of India, D.D. Basu, 6th Edn., Vol. II, p. 281.
Means a command. It differs from the writs of prohibition or certiorari in its demand for some activity on the part of the body or person to whom it is addressed. Mandamus is a command issued to direct any person, corporation, inferior courts or Government, requiring him or them to do some particular thing therein specified which appertains to his or their office and is in the nature of a public duty, Kalyan Singh v. State of Uttar Pradesh, AIR 1962 SC 1183.
Means we command you. A Dictionary of Law, Willium C. Anderson, 1889, p. 651.
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