Mandamus Mandamus . Mandamus is a method to compel a public official, a corporate officer, or judge to perform a ministerial duty which he has a duty to perform.
Mandamus is available only when there is an already existing legal right.
It is a remedy designed to enforce, not establish a claim or right. Writs of mandamus are issued only where ministerial acts or duties imposed by law are sought to be compelled. Mandamus cannot be used to compel performance of an unlawful act. Mandamus cannot be used to compel an official to perform a discretionary act or tell him how to decide an issue, but it may be used to compel him to exercise his discretion and make a decision. Issuing a writ of mandamus is discretionary with the court.