Madras High Court M/S.Riththika Construction vs The Director/Power on 23 March, 2015 DATED: 23.03.2015 Date of Reserving the Order Date of Pronouncing the Order 09.03.2015 23.03.2015 Coram The Hon'ble Mr. Justice T.S. SIVAGNANAM W.P. Nos.10622, 10660 & 13160 of 2014 M/s.Riththika Construction, (Previously Partnership firm Now Proprietary concern), Rep., by its Proprietor, No.42, Thanthaiperiyar Nagar, Gandhi Nagar Post, Kurinjipadi Taluk, Cuddalore District. ... Petitioner in all W.Ps. Vs 1.The Director/Power, Neyveli Lignite Corporation Ltd., Neyveli  607 801. 2.The Chief General Manager, Thermal Power StationI Expansion, Neyveli Lignite Corporation Ltd., Neyveli  607 807. ... 1st & 2nd Respondents in all W.Ps., 3.The Deputy General Manager (Civil), Thermal Power StationI Expansion, Neyveli Lignite Corporation Ltd., Neyveli  607 807. 4.Sathish & Co., Rep., by its Proprietor, C.Selvaraj, Chinnakappankulam, Periyakappankulam Post, Virudhachalam Taluk, Cuddalore District. ... Respondents in W.P.No.13160/2014 3.Mr.Shankaran The Deputy General Manager (Civil), Thermal Power StationI Expansion, Neyveli Lignite Corporation Ltd., Neyveli  607 807. 4.The Chief Vigilance Officer, Neyveli Lignite Corporation Ltd., Neyveli  607 801. ... 3rd & 4th Respondents in W.P.Nos.10622 & 10660/2014 Prayer in W.P.No.10622 of 2014 :Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, to direct the fourth respondent to take appropriate action against the third respondent for the alleged violations on the basis of the representation dated 28.11.2013. Prayer in W.P.No.10660 of 2014 :Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, to direct the respondents not to insist the special condition of minimum man power requirement for the contract work or alternatively directing the respondents 1 and 2 to increase the tender value amount proportionately as per special conditions in the contract of Up keep of main plant building, service building and plant and non plant buildings in Thermal Power StationI Expansion including manning of parking sheds for the year 20132015. Prayer in W.P.No.13160 of 2014 :Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, to call for the records relating to the second respondent's proceedings made in Lr.No.017/CGM/TPS1 Expn/Cont/2500/Civil/ T.No.0911314/intimation/2014, dated 29.04.2014, and quash the same and direct the respondents 1 to 3 to allow the petitioner to continue the contract work of Up keep off main plaint building, service building and plant and Non plant building in TPS1 Expansion including manning of parking sheds for the years 20132015. For petitioner .. Mr.M.Muthappan For Respondents .. Mr.N.A.K.Sharma and N.Nithianandan C O M M O N O R D E R The petitioner in these Writ Petitions is a contractor, who had been awarded the work of Up keep of main building, service building and plant and non plant buildings in Thermal Power StationI Expansion of the Neyveli Lignite Corporation Limited (NLC) (hereinafter referred to as the respondent corporation). 2. In W.P.No.10622 of 2014, the petitioner has sought for issuance of a Writ of Mandamus to direct the Chief Vigilance Officer of the respondent Corporation to take action against Mr.Sankaran, Deputy General Manager (Civil), of the respondent Corporation for alleged violations by considering his representation, dated 28.11.2013. 3. In W.P.No.10660 of 2014, the petitioner seeks for a direction to the respondent Corporation not to insist the special condition of minimum man power requirement for the contract work or alternatively direct the respondent Corporation to increase the tender value proportionately as per the condition in the contract. 4. In W.P.No.13160 of 2014, the petitioner has challenged the order dated 29.04.2014, and to quash the same and to allow the petitioner to continue the contract work. By the said impugned order, the petitioner was informed that since the partnership firm M/s.Riththika Construction ceased to exist the work allotted to the petitioner under the contract agreement, dated 27.09.2013, cannot be continued. As by virtue of the impugned order, the petitioner has not been permitted to continue the work, W.P.No.13160 of 2014, is taken up first for consideration and the result of the other two Writ Petitions would depend upon W.P.No.13160 of 2014. The learned counsel appearing for the petitioner fairly concedes to the said position and accordingly W.P.No.13160 of 2014, is taken up for consideration. 5. The relevant facts leading to the filing o