These two petitions are preferred by Thiru Manikyaraja Ballal the first counter-petitioner in Case Nos. 2 of 1980 and 1 of 1980 respectively (A. 4/42459 and A. 4/42458 of 1980 respectively) on the file of the District Magistrate and Collector of Madras, under section 482, Criminal Procedure Code, for quashing the entire proceedings taken therein.

2. As the facts in both the petitions, except for a small variation, and the submissions made by the learned counsel appearing for both the parties are common, a common order is rendered.

3. The brief facts in each of the cases can be summarised as follows:

Criminal M.P. No. 2752 of 1980.- This petition arises out of Case No. 2 of 1980, which was filed by the first respondent herein before the Executive Magistrate (District Magistrate and Collector), Madras seeking an order under section 145 of the Code of Criminal Procedure, declaring him to be in-lawful possession of the entire property of N. Sathyanathan & Sons Private Limited, Hotel Palmgrove situate at No. (New) 5, Kodambakkam High Road, Madras-34, and restraining the petitioner and the second respondent from interfering with his peaceful possession and enjoyment of the said