The petitioner claims to be the owner and in possession of the property situated in Re-Survey No.49/2 of Engandiyoor Village. The petitioner wants to alienate his property and presented the document for registration. The registering authority refused to register the document on the ground that the Police officials have instructed not to register the document on presentation as the petitioner appears to have been included in the criminal cases. It is aggrieved by such action, this writ petition is filed.
2. The learned Government Pleader, on instructions, submits that the petitioner is involved in cheating case and this property has been acquired by defrauding the money of others and the Police have instructed not to permit the petitioner to alienate the property.
W.P.(C) No.24405 of 2014 2
3. The involvement of the crime is not a ground to deny the right of alienation. If any person has right over the property including creditors, that will not be lost by alienation of the property. Therefore, there is no impediment under the Registration Act or Rules, registering of the property of the person, who has been involved in criminal cases.
In view of the above, Ext.P2 is set aside and there shall be a direction to the first respondent to register the document on presentation by the petitioner.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln