TaxTMI 
TaxTMI 
2017 (7) TMI 1403
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....this writ petition seeks that the amounts entrusted by it with the Meenachil Rubber Marketing and Processing Co-operative Society Ltd., under fixed deposits, be returned since such deposits have attained maturity; but the said Society, while admitting its liability without any reservation, refuses to repay, trying to obtain shelter on hyper technical defences including that this writ petition is incompetent because a writ petition is not maintainable against a Co-operative Society. Though reliance is placed by the Society on various precedents in an attempt to garner force for this contention, I find, as I will presently say, in the absence of any dispute regarding liability in repayment and in view of their express and unequivocal admissio....
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....nd its managing committee to repay the amounts covered by Exhibit P1 series of fixed deposits. 4. I have heard Sri. P. N. Mohanan, learned counsel for the petitioner, Sri. Shaji Thomas, learned counsel for respondents 1 and 2 and the learned Senior Government Pleader for the third respondent. 5. The pleadings on record would show that the first respondent does not in any manner contest the claim of the petitioner for repayment of the amounts covered by Exhibit P1 series fixed deposits. In fact, a counter affidavit has been filed on behalf of the first respondent stating that they are taking all efforts to refund the fixed deposits of the various depositors, including the petitioner, without any delay. The first respondent, however, mainta....
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....cers' Ksheera Bhavan, Tvm v. State of Kerala (2015 (1) KHC 779) and of the Hon'ble Supreme Court in Thalappalam Service Co-op. Bank Ltd. v. State of Kerala (2013 (4) KHC 131). The learned Standing Counsel also relies on Exhibit R1(d) judgment, which is one by a Division Bench of this Court in W.A.No.1202/2007, holding that the refusal of a Society to repay the fixed deposit amounts would construe to be a dispute under the provisions of the Act and that the proper remedy is to initiate action under Section 69 thereof. 8. In Association of Milma Officers' (supra), this Court has declared that writ petitions against Co-operative Societies are maintainable when the action complained of amounts to statutory violations and that....
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.... society to make repayment of the amounts covered by the fixed deposits is expressly and unambiguously admitted. They have expressly stated in the counter affidavits filed by them that they are willing to make payment and there is no doubt about it. In the absence of any dispute being raised by the Society, I fail to comprehend how it could contend that the petitioner should invoke the statutory remedies under the Act. It is obvious that invocation of such remedies would be required only if a dispute has been raised by the Society against payment of the amounts. In Exhibit R1(d) judgment also, it is obvious that the facts involved are completely different. The facts noticed in the said judgment clearly show that there were disputes raised b....
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....to the concerned statutory authorities to take such action, as is warranted and mandated under the provisions of the Act and the Rules, to ensure that the society either honours such commitments or that resources are created through due procedure, either by liquidation of the assets of the society or through such other methods, for the purpose of clearing and honouring such liabilities. When such a duty is cast upon the statutory authorities and since such authorities are also in the party array of the respondents in this writ petition, I am unable to see how the Society can maintain that this writ petition cannot lie, especially since this Court can always modulate the reliefs to be granted, including by issuing directions to the competent....