ALTERNATIVE WRIT OF MANDAMUS Meaning and
Definition
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An alternative writ of mandamus, sometimes referred to as an alternative mandamus, is a legal term used in the context of a court issuing a type of writ called a mandamus. A writ of mandamus is a court order issued by a superior court to a lower court, government agency, or public official, compelling them to perform a duty that is required by law.
The alternative writ of mandamus differs from the absolute or peremptory writ of mandamus. In instances where a party seeks a mandamus order, the court can choose to issue either a peremptory writ, which outright commands the recipient to act, or an alternative writ.
An alternative writ of mandamus is a conditional order that presents the recipient with a choice. The writ typically outlines the alleged violation or failure to perform a specific legal duty and demands that the recipient either fulfill their obligation or present a legal reason justifying their inaction. The alternative writ serves as an opportunity for the recipient to rectify the claimed wrong before a final and absolute order is issued.
Should the recipient fail to comply or provide a satisfactory explanation, the court may then proceed to issue a peremptory writ of mandamus, which leaves no option but to perform the required action. The decision to issue an alternative or peremptory writ is at the court's discretion and is typically based on the specific circumstances of the case, including the urgency and importance of the matter at hand.
