Case Note & Summary
The petitioners filed two writ petitions under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents, including the Principal Secretary to the Prime Minister, Ministry of External Affairs, Indian Embassy in Iran, Iranian Embassy in India, and the State of Tamil Nadu, to take immediate action to ensure the safety of their brothers, R.Sahaya Jenizh Raj and J.Judelin, who were stranded in Iran due to the prevailing war situation, and to rescue and bring them back to India. The court noted that the first respondent was not the appropriate authority for the relief sought. The Deputy Solicitor General of India submitted that the Indian Embassy in Iran was taking all possible steps to assist Indian citizens and had published contact details for communication. The court observed that it could not issue a writ to authorities outside India and that the petitioners should approach the Indian Embassy in Iran for assistance. Consequently, the court disposed of the writ petitions with liberty to the petitioners to approach the Indian Embassy in Iran, which would consider their request in accordance with law. No costs were awarded.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Extra-territorial Jurisdiction - Petitioners sought direction to respondents to rescue their brothers from Iran due to war situation - Court held that it cannot issue a writ to authorities outside India and that the Indian Embassy in Iran is the appropriate authority to render assistance - Petitioners directed to approach the Indian Embassy in Iran for necessary help (Paras 1-5).
Issue of Consideration
Whether a writ of mandamus can be issued to compel the Indian government to rescue Indian citizens stranded in a foreign country due to war situation.
Final Decision
The writ petitions are disposed of with liberty to the petitioners to approach the Indian Embassy in Iran, which shall consider their request for assistance in accordance with law. No costs.
Law Points
- Writ of Mandamus
- Article 226 of the Constitution of India
- Extra-territorial jurisdiction
- Diplomatic assistance
Case Details
2026 LawText (MAD) (03) 241
W.P(MD)Nos.6543 and 6544 of 2026
Mr.S.Titus (for petitioners), Mr.K.Govindarajan (Deputy Solicitor General of India for respondents 1-4), Mr.M.Lingadurai (Special Govt. Pleader for respondent-5)
R.Sahaya Resmon Raj and J.Jeolin
Principal Secretary to the Prime Minister, Union Government of India; Secretary to Government, Ministry of External Affairs; Embassy of the Republic of India, Tehran; Embassy of the Islamic Republic of Iran, New Delhi; Additional Chief Secretary to Deputy Chief Minister, State of Tamil Nadu
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Nature of Litigation
Writ petitions seeking mandamus for rescue of Indian nationals stranded in Iran due to war.
Remedy Sought
Direction to respondents to ensure safety and rescue of petitioners' brothers from Iran and bring them back to India.
Filing Reason
Petitioners' brothers were in Iran and a war situation prevailed, requiring government intervention for their safety and evacuation.
Issues
Whether a writ of mandamus can be issued to compel the Indian government to rescue Indian citizens stranded in a foreign country due to war situation.
Submissions/Arguments
Petitioners contended that their brothers were in Iran and needed to be rescued due to war situation.
Deputy Solicitor General submitted that the first respondent was not the appropriate authority and that the Indian Embassy in Iran was taking all possible steps to assist Indian citizens.
Ratio Decidendi
The court cannot issue a writ to authorities outside India; the Indian Embassy in Iran is the appropriate authority to render assistance to Indian citizens stranded abroad.
Judgment Excerpts
The Writ Petitions are filed for a mandamus directing the respondents to take immediate and necessary action to ensure the safety of the Petitioners’ brothers...
When the matter came up for hearing today, the learned Deputy Solicitor General of India... submitted that the first respondent is not the appropriate authority in respect of the relief prayed in the Writ Petition.
With reference to the situation in Iran is concerned, the Indian Embassy in the said country is taking all such steps as may be possible to render all assistance to the citizens of India.
This Court cannot issue a writ to the authorities outside India...
The petitioners are at liberty to approach the Indian Embassy in Iran and the Indian Embassy in Iran shall consider the request of the petitioners for assistance in accordance with law.
Procedural History
The writ petitions were filed on an unspecified date and came up for hearing on 10.03.2026, when the court disposed them with the above directions.
Acts & Sections
- Constitution of India: Article 226
