Sec. 52-485. Writ of mandamus. - Connecticut Statutes

      Sec. 52-485. Writ of mandamus. (a) The Superior Court may issue a writ of mandamus in any case in which a writ of mandamus may by law be granted, and may proceed therein and render judgment according to rules made by the judges of the Superior Court or, in default thereof, according to the course of the common law.

      (b) When any writ of mandamus has been issued, requiring the party to whom it is directed to make a return, if the party fails to do so, the court may issue a peremptory mandamus.

      (c) Any common law requirement that the state's attorney participate in any way in an action for mandamus is abolished.

      (1949 Rev., S. 8221; P.A. 76-100, S. 3; P.A. 76-436, S. 413, 681; P.A. 82-160, S. 180.)

      History: P.A. 76-100 specified that any common law requirement that state's attorney participate in action for mandamus is abolished as of October 1, 1976; P.A. 76-436 substituted superior court judges' rules for supreme court judges' rules and removed power of common pleas court to issue writ of mandamus, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section, inserted Subsec. indicators, and deleted "On or after October 1, 1976" from the provision abolishing any common law requirement that the state's attorney participate in a mandamus action.

      Writ defined. 67 C. 176; 71 C. 390. Is an extraordinary remedy; one not to be extended. 87 C. 63. Lies only where legal right is clear and there is no other legal remedy. 4 C. 178; 8 C. 246; 42 C. 274; 44 C. 182; 45 C. 343; 54 C. 276; 55 C. 590; 59 C. 218; 60 C. 459; 65 C. 360; 73 C. 536; 76 C. 184; 87 C. 63; 147 C. 183; what constitutes other adequate remedy. 103 C. 617; 104 C. 548; will not lie as to functions over which court has no revisory power; 34 C. 415; nor where respondent could not perform act required; 71 C. 663; nor to control discretion or judgment. 37 C. 103; 49 C. 480; 61 C. 567; 63 C. 95; 64 C. 524; 67 C. 180; 72 C. 1; 73 C. 538; 79 C. 154; 96 C. 191; 124 C. 277. Equitable principles control. 67 C. 170; 87 C. 487; 99 C. 222; 109 C. 254. When it issues in general. 73 C. 536; 76 C. 179; id., 652. To enforce private right. 65 C. 360; 71 C. 663; 104 C. 547. Special interest must appear; nuisance. 56 C. 81. Does not lie to enforce private contract right. 44 C. 182; 65 C. 360; 76 C. 651. By state, to secure obedience to judgment in matter of public interest. 71 C. 47. Issuance to enforce right to hold public office. 41 C. 520; 44 C. 320; 74 C. 124; 83 C. 554; 87 C. 548. Against an inferior tribunal. 37 C. 105. As from superior court to common pleas court to compel judge to make finding; 67 C. 170; or certify evidence; 72 C. 39; or to compel probate court to allow, or to correct, appeal. 49 C. 71; 52 C. 218; 76 C. 426; 91 C. 113. Against a public officer. K. 345; 33 C. 305; 38 C. 110; 42 C. 16. Where subordinate officer has been removed. 64 C. 517; 74 C. 121; to compel calling of town meeting. 41 C. 249; 89 C. 557. To compel tax collector to collect tax. 48 C. 157. To compel town treasurer to issue town order. 68 C. 132. In relation to the construction of street railways. 73 C. 327; 74 C. 194; 76 C. 174; 81 C. 645. So, railroad; 71 C. 43; so, city as to construction of bridge; 68 C. 263; to compel issuance of building permit; 73 C. 538; or liquor license; 72 C. 1; or license by health board; 68 C. 111; as to compelling restoration of member of fraternal benefit society. 76 C. 652. Runs only against officer whose duty it is to perform act; 41 C. 253; see where it runs against public board with changing membership. 71 C. 381. Discretion of court as to issuance, and review; 55 C. 590; 59 C. 217; 73 C. 327; 74 C. 194; 76 C. 178; 83 C. 554; 87 C. 487; discretion to delay issuance. 68 C. 271. Law and facts as of time of beginning action control. 82 C. 565; 109 C. 254; but see 68 C. 155; 76 C. 184; 106 C. 700. Supreme court will not issue. 80 C. 326. In what name it issues, and functions of state's attorney. 41 C. 250; 59 C. 409; 71 C. 657; 91 C. 113; 104 C. 549. How it should be directed and served. 71 C. 389. Recognizance for costs and verification. 67 C. 361; 90 C. 639; 91 C. 113. Bond and verification unnecessary when brought to enforce public right. 105 C. 325. Course of proceeding at common law; 41 C. 248; general rules of pleading and practice to be followed. 61 C. 575. Appearance as waiving defects. 6 C. 544; 67 C. 361; 90 C. 638. Attacking return by demurrer; 59 C. 86; 68 C. 271; by motion to quash. 71 C. 47; 81 C. 645; 83 C. 554; 90 C. 638; 103 C. 611; 104 C. 549; 136 C. 691. Issues of fact raised by return to be tried by court. 47 C. 341. Costs. 68 C. 219; 90 C. 638. Judgment as res judicata. 76 C. 174. Removal to United States court. 59 C. 84. Proper method to compel town treasurer to pay order drawn on him. 95 C. 199; 105 C. 325. Lies against county commissioners refusing to refund money received from liquor licenses. 99 C. 383. To compel issuance of mittimus by justice of the peace. 102 C. 33. Demand on public officer not a prerequisite to mandamus. 103 C. 622. To compel assessors to follow statutory rules; 104 C. 545; even though assessors must exercise discretion. Id., 108 C. 258. Will be denied where event subsequent to commencement of action would make useless the relief sought. 109 C. 254. Remedy at law not adequate unless it is specific, adapted to secure the desired result effectively, conveniently, completely and directly upon the very subject matter involved. 138 C. 323. The performance of the duty in section 12-62 is mandatory and can be compelled by mandamus not only by the tax commissioner under section 12-4, but also by the state's attorneys who may invoke mandamus to compel public officers to perform their duties. 150 C. 444. Relief by way of mandamus is only available to one who has complete and immediate right to require that public act be done. 155 C. 283. Where official or agency is authorized to exercise discretionary power, mandamus does not lie. Id. Cited. 162 C. 414.

      Phrase "within its jurisdiction" discussed. 13 CS 448. Writ of mandamus is a prerogative writ which will issue only to enforce a clear legal right where the person against whom it is directed is under a legal obligation to perform the act commanded. 21 CS 33. Mandamus issues to compel performance of a ministerial duty imposed by law and not involving the exercise of a discretion. There must be a clear legal right to the relief and no other remedy. 22 CS 336.

      Subsec. (a):

      Cited. 225 C. 575.

      Cited. 13 CA 124. Cited. 37 CA 348.

      Subsec. (c):

      Cited. 41 CS 302.