Case Details

  • Case Name: CEOA Educational Society & Anr. vs. M. Thilaga Terency & Ors.
  • Court/Authority: Supreme Court of India, Criminal Appellate Jurisdiction.
  • Case No.: Criminal Appeal No(s). of 2026 (Arising out of SLP(Crl.) No. 9204/2026).
  • Date of Order: 21 May 2026.
  • Underlying High Court Order Date: 07 May 2026 (WPCRL(MD) No. 2730/2026).
  • Period of Dispute: Challenge to a summoning order dated 29 April 2026 and an injunction concerning property in Survey No. 182/1B.

Parties Involved

  • Petitioners: CEOA Educational Society & Anr.
  • Respondents: M. Thilaga Terency & Ors.
  • Counsel for Petitioners: S. Nagamuthu (Senior Counsel), P. Chandrashekharan, Mary Mitzy, B. Ravikiran Singh, Oleander D. Singh, Pratham Sadh; Advocate‑on‑Record: Ashutosh Jha.
  • Counsel for Respondents: Mayilsamy K., G. Ananda Selvam, P. Srinivasan (AOR); Advocate‑on‑Record: P. Soma Sundaram.
  • Judges: Hon’ble Mr. Justice Pankaj Mithal, Hon’ble Mr. Justice S.V.N. Bhatti.

Issues / Allegations / Violations

  • Petitioners challenged the summoning order dated 29‑04‑2026 issued by the High Court in a criminal writ petition.
  • The High Court, while entertaining the petition, issued interim directions:

1. Regarding a house on Survey No. 182/1B.

2. Regarding another building on the same survey number, injuncting the petitioners from interfering with peaceful possession of the property.

  • Petitioners contended that the High Court lacked jurisdiction to grant an injunction in a criminal writ proceeding where the only relief sought was against the summoning order.

Findings & Observations

  • The Supreme Court observed that the injunction was granted “in a writ jurisdiction on a criminal side where the challenge is only to the summoning order.”
  • It expressed surprise at the manner in which the injunction was issued, emphasizing that the High Court had no jurisdiction to grant such an injunction.
  • Consequently, the Court concluded that the part of the impugned order injuncting the petitioners could not be sustained in law.

Penalties / Settlements / Directions

  • The Supreme Court set aside the portion of the High Court order that injuncted the petitioners from interfering with possession of the property in Survey No. 182/1B.
  • The appeal was allowed, and the respondents were given liberty to pursue other legal remedies available to protect their interest/possession over the same property.
  • The Court directed that any pending applications, if any, shall stand disposed of.

Corrective Actions & Future Obligations

  • Respondents may now seek alternative legal avenues (e.g., civil suit, execution proceedings) to protect their possession rights.
  • No further compliance measures or financial penalties were imposed on either party.

Final Ruling & Enforcement

  • Appeal Allowed. The injunction portion of the High Court order is set aside.
  • Liberty granted to respondents to explore other remedies for protecting their property interest.
  • Pending applications are to be disposed of.
  • The order is signed by Justices Pankaj Mithal and S.V.N. Bhatti on 21 May 2026.