Where the question is one of public right and the object is to procure the enforcement of a public duty, no legal or special interest need be shown, but it shall be sufficient that a plaintiff is interested in having the laws executed and the duty in question enforced.
§ 9-6-24.What interest required to enforce public right
Chapter 6. Extraordinary Writs · Article 2. Mandamus · Last amended 1933 · Last verified July 17, 2026
In one sentenceThis section relaxes the standing requirement for mandamus to enforce a public right, allowing any plaintiff interested in seeing the laws executed and the duty enforced to bring the action without having to show a legal or special interest of his own.
Full Text of § 9-6-24
Plain-English Summary
When the dispute is about a public right — enforcing a duty owed to the public generally, rather than to one particular person — this section lowers the bar for who can sue. The plaintiff does not need to show a legal or special interest of his own.
Instead, it is enough that the plaintiff is interested in having the laws executed and the duty in question enforced. That is a broad standard, open to any citizen who cares whether a public duty gets carried out, not just to someone who can point to a personal stake distinct from the public’s.
This stands in contrast to how the chapter treats private rights, where a plaintiff has to show real, uncompensated loss before mandamus becomes available. The difference makes sense: a public right belongs to everyone, so the statute does not force any one citizen to prove an individualized harm before he can ask a court to see that a public duty gets performed.
Frequently Asked Questions
What must a plaintiff show to have standing to seek mandamus over a public right?
No legal or special interest need be shown; it is sufficient that the plaintiff is interested in having the laws executed and the duty in question enforced.
How does this standing requirement compare to enforcing a private right by mandamus?
It is considerably more relaxed. Enforcing a private right requires a showing of pecuniary loss that cannot be compensated in damages, while enforcing a public right requires only a general interest in seeing the law enforced.
What kind of interest is enough under this section?
An interest in having the laws executed and the duty in question enforced is enough, without any further showing of personal or special interest.
Does this section require the plaintiff to be personally affected by the public duty?
No. The section expressly states that no legal or special interest need be shown.
How does this section relate to mandamus against a corporation under a related section?
Mandamus against a corporation to enforce a public duty requires the plaintiff to show a special interest, while this section describes a broader public-right scenario in which no such special interest is required.
Amendment History
Code 1933, § 64-104.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: georgia mandamus public right standingcitizen standing mandamus georgiapublic duty enforcement mandamus georgiano special interest mandamus georgia