Against whom can a Writ of Mandamus be Issued in India?

Normally, a writ of mandamus does not issue to, or an order in the nature of mandamus is not made against, a private individual.

Their Lordships of the Supreme Court in this case also explained that a writ would issue against a private individual, if the private in­dividual was acting in collusion with, or the transaction had been merely a colourable one and had been entered into between an authority and an individual.

Unless an individual is acting under some public authority no writ of mandamus can be issued against a private individual. As the managers of private or aided institutions cannot be said to be acting in any official capacity, they cannot be directed to do a certain thing by means of a writ of mandamus.

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The writ is available against any public or quasi-public authority, administrative or other but it cannot be issued against a President or Rajpramukh (now no more) for anything done by them in the exercise of their power and duties nor can it be issued against an inferior officer who is bound to obey the orders of his superior authority.

No such writ can be available against a private person. In A.C. Gilbert v. Registrar, High Court, Allahabad, [A.I.R. 1953 All. 178] writ was disallowed against the Registrar of the Court since the writ was sought against him not in respect of an action taken by him in his official capacity but as claimant of title to an immovable property. The Court observed:

“A writ of mandamus only issued to a public authority or a holder of a public office not to act contrary to any provision of a statute in the capacity of such holder of a public office. No such writ can be issued against a person whether an individual or a juristic per­son who purports to exercise a right by virtue of a claimed title to a certain property.”

A writ lies to a quasi-public body as, for example, the principal of a college maintained out of a public fund [Sekkilar v. Krishna Moorty, AIR 1952 Mad. 112]. A writ may also lie against a Univer­sity as it is a public body. [Hemendra Chandra Das v. Gohati University, AIR 1954 Assam 65].

Mandamus can also be issued to a Corporation with regard to its duty which is incumbent upon it in its corporate capacity. Article 226 expressly provides that a writ is avail­able against the Government also.