Conn. Gen. Stat. » Title 52 — CIVIL ACTIONS · Chapter 918 — Mandamus, Ne Exeat, Prohibition and Quo Warranto
Connecticut General Statutes

Conn. Gen. Stat. § 52-485 (2026)

Writ of mandamus

✓ current as of May 2026
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(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. 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 U.S. 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. Performance of the duty in Sec. 12-62 is mandatory and can be compelled by mandamus not only by the tax commissioner under Sec. 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; where official or agency is authorized to exercise discretionary power, mandamus does not lie. 155 C. 283. Cited. 162 C. 414; 225 C. 575.

Cited. 13 CA 124; 37 CA 348.

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. Cited. 41 CS 302.

Subsec. (a):

Writ of mandamus seeking to compel court reporter to release transcripts in child custody case was nonjusticiable collateral attack on a ruling by a separate court to seal records in a different action. 347 C. 501.

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Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1967–2023 · leading case: Gelinas v. Town of West Hartford, 626 A.2d 259 (Conn. 1993).
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Gelinas v. Town of West Hartford, 626 A.2d 259 (Conn. 1993). · cites it 4× “12 *585 B The plaintiffs next claim that the trial court improperly concluded that they were not entitled to a writ of mandamus directing the town to grant their site plan application.”
Blumenthal v. Barnes, 804 A.2d 152 (Conn. 2002). · cites it 2× “76-100, § 3, which is codified as amended at General Statutes § 52-485, abolished “[a]ny common law requirement that the state’s attorney participate in any way in an action for mandamus,” there is no indication that this common-law authority was transferred to the office of the…”
Par Developers, Ltd. v. Plan. & Zoning Comm'n, 655 A.2d 1164 (Conn. App. Ct. 1995). · cites it 4× “General Statutes § 52-485 (a); 6 Kiernan v.”
Metro. Dist. v. Comm'n on Human Rights & Opportunities, 184 A.3d 287 (Conn. App. Ct. 2018). · cites it 2× “In its motion to dismiss, the commission also alleged that the plaintiff lacked standing to request a writ of mandamus pursuant to General Statutes § 52-485 and Practice Book § 23-45, the latter of which provides in relevant part that "[a]n action of mandamus may be brought in…”
Civil Serv. Comm'n v. Pekrul, 571 A.2d 715 (Conn. Super. Ct. 1989). · cites it 2× “4 The occurrence of the waiver makes unnecessary a ruling on the patent tension between Practice Book § 541 (differentiating between mandamus to enforce rights and mandamus to enforce a public duty and requiring participation by the state’s attorney in the latter situations) and…”
Waterbury Teachers Assn. v. Furlong, 294 A.2d 546 (Conn. 1972). “If a public official or public agency has a duty to perform a particular act and fails in the discharge of that duty, a writ of mandamus is the proper remedy for compelling performance of the act. Where the official or agency is authorized to exercise a discretionary power,…”
D'Amico v. Willis, 534 A.2d 1248 (Conn. App. Ct. 1987). · cites it 2× “The plaintiff then brought this action for a writ of mandamus. After a trial, the court rendered judgment granting the issuance of the writ.”
Raslavsky v. Moore, 355 A.2d 272 (Conn. 1974). · cites it 2× ““If a public official or public agency has a duty to perform a particular act and fails in the discharge of that duty, a writ of mandamus is the proper remedy for compelling performance of the act. Where the official or agency is authorized to exercise a discretionary power,…”
Stolberg v. Caldwell, 423 F. Supp. 1295 (D. Conn. 1976). · cites it 2× “Conn.Gen. Stat. § 52-485 et seq.; Conn.Prac.”
Gold Diggers, LLC v. Town of Berlin, Conn., 469 F. Supp. 2d 43 (D. Conn. 2007). · cites it 2× “4 Alternatively, defendants argue that plaintiffs may obtain judicial review by filing an application for a writ of mandamus in the Superior Court pursuant to Connecticut General Statutes section 52-485(a), or an application for injunctive or declaratory relief in state or…”
Alter & Assocs., LLC v. Lantz, 876 A.2d 1204 (Conn. App. Ct. 2005). · cites it 2× “” The trial court found this fact to be dispositive and so do we. B Writ of Mandamus The plaintiffs alternate claim is that the trial court improperly failed to exercise its statutory authority under General Statutes § 52-485 (a) to issue a writ of mandamus to compel the…”
Ballas v. Woodin, 231 A.2d 273 (Conn. 1967). · cites it 2× “If a public official or public agency has a duty to perform a particular act and fails in the discharge of that duty, a writ of mandamus is the proper remedy for compelling performance of the act. Where the official or agency is authorized to exercise a discretionary power,…”
Show all 14 citing cases →
Conn. Gen. Stat. § 52-485(a): 2 cases
Gold Diggers, LLC v. Town of Berlin, Conn., 469 F. Supp. 2d 43 (D. Conn. 2007). “4 Alternatively, defendants argue that plaintiffs may obtain judicial review by filing an application for a writ of mandamus in the Superior Court pursuant to Connecticut General Statutes section 52-485(a), or an application for injunctive or declaratory relief in state or…”
Campbell v. Mulligan, No. 3:19-cv-00540 (D. Conn. July 27, 2021).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.