" Writ of mandamus - some guide lines"

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