The petitioner is aggrieved with the non payment of retirement benefits as admitted by the 3rd respondent in Ext.P1. The 3rd respondent does not dispute the claim; however contends that at present, the 3rd respondent Society is not in a position to pay the same only because of the financial constraints. In such circumstances, any writ issued would be futile and would be impossible of compliance. However, if the 3rd respondent has any property, the petitioner would be entitled to initiate appropriate proceedings, as provided under the Kerala Co-operative Societies Act, more specifically under Section 69 of the Act, and proceed against such property. WP(C).1636/14 2 Leaving open such remedy available to the petitioner, the writ petition is closed.
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K.VINOD CHANDRAN Judge Mrcs //True Copy//