JUDGMENT :

A. Muhamed Mustaque, J.

The fate of this appeal, at the instance of the writ petitioner, is based on a turn of events subsequent to the disposal of the writ petition.

2. The appellant is a contractor for executing the work relating to a road of a project sponsored by NABARD. The contract was terminated at the risk and cost of the appellant and another contractor was engaged to complete the work. The work was awarded to the Kerala State Construction Corporation. The Corporation in turn awarded the work to the appellant. The challenge regarding termination of the contract was unsuccessful as well as the claim for the bills for the work executed by the appellant including the release of security deposit.

3. We are not detailing the facts involved in this case obviously for the reason that we are now deciding this appeal based on admitted facts which are borne on the record.

4. Admittedly, as per 7th and part bill, the appellant was entitled to Rs.58,23,726/-. As seen from Annexure-A12, PWD already collected this amount from NABARD. It is also admitted in the affidavit filed along with I.A.No.2/2022 by PWD before this Court on 3/12/2019 that a sum of Rs.13,09,411/- is due under t