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2017 (11) TMI 1972 - HC - Indian LawsSeeking direction to the 1st respondent to release the amounts due under the matured Fixed Deposits - Invocation of power of discretionary remedy under Article 226 of the Constitution of India - HELD THAT:- The said issue was considered by a learned Single Judge of this court in W.P.(C) No.18243/2015 filed against the 1st respondent society, in THE CHOONDACHERRY SERVICE CO-OPERATIVE BANK LTD. VERSUS THE MEENACHIL RUBBER MARKETING & PROCESSING CO-OPERATIVE SOCIETY LTD., THE MANAGING COMMITTEE OF THE MEENACHIL RUBBER MARKETING & PROCESSING CO-OPERATIVE SOCIETY LTD. REPRESENTED BY PRESIDENT, KOTTAYAM, THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) , KOTTAYAM [2017 (7) TMI 1403 - KERALA HIGH COURT], and held as per the judgment dated 5.7.2017 that, the nature of the provisions and the regulatory powers conferred on the Registrar under the Cooperative Societies Act and Rules, 1969, makes it clear that, there is no inhibition created in directing to release the matured fixed deposit, and further held that, the writ petition is maintainable against the 1st respondent society. If the 1st respondent is carrying on with the banking business based on the permission granted by the Registrar of Co-operative Societies, then the public law remedy is available to the petitioner since the banking business is carried on by the 1st respondent under the supervision and control of the Registrar of Co-operative Societies. Even though petitioner has approached the Registrar of Co-operative Societies seeking appropriate directions, no direction was issued. In that view of the matter also, it can be seen that, the writ petition is perfectly maintainable against the 1st respondent society. The petitioner is entitled to succeed in the writ petitions - petition allowed.
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