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.