Writ remedy for admitted fixed deposit liability upheld against a co-operative society, with enforcement directed through statutory action.

A writ petition was held maintainable against a co-operative society where the liability to repay matured fixed deposits was expressly admitted and the dispute concerned only enforcement. The Court rejected the argument that the depositor had to pursue the statutory remedy under Section 69 of the Kerala Co-operative Societies Act, because that route was relevant only where a real dispute existed. Authorities dealing with disputed claims or public-duty questions were distinguished. The Court further stated that statutory authorities must act when a society fails to honour admitted financial obligations, and writ relief may be moulded to secure repayment with consequential action.

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Issues: Whether a writ petition was maintainable against a co-operative society that had expressly admitted its liability to repay matured fixed deposits, and whether a direction for repayment with consequential action by the statutory authority could be issued.

Analysis: The Society did not dispute the debt due under the matured fixed deposits and, in its pleadings, acknowledged the liability while citing only financial constraints and proposed asset liquidation. The objection that the petitioner had to be relegated to the remedy under Section 69 of the Kerala Co-operative Societies Act was rejected because that course was considered necessary only where a real dispute existed. The reasoning in the cited authorities was distinguished on the ground that they dealt with situations involving disputed claims or questions of public duty, whereas here the liability was admitted and the controversy concerned only enforcement. The Court further held that where a society fails to honour its financial commitments, the statutory authorities have a duty to act under the Act and the Rules, and writ relief can be moulded accordingly.

Conclusion: The writ petition was maintainable, the repayment claim was allowed, and the Society was directed to pay the matured deposit amount with applicable interest within four months, failing which additional interest and statutory action by the competent authority would follow.

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