IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 33436 of 2008(E) -------------------------- PETITIONER(S): --------------- ELSY CHERIYAN, D/O. CHERIYAN, KALLUVETTANKUZHIYIL, AMAYANNOOR.P.O, AYARKUNNAM, KOTTAYAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY THE ASSISTANT EXCISE COMMISSIONER, IDUKKI. 2. CIRCLE INSPECTOR OF EXCISE, MUNNAR EXCISE RANGE. BY GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 33436 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 25th November, 2008. J U D G M E N T The petitioner challenges Ext. P5 notification of sale published by the Excise Department, whereby the petitioner's vehicle is advertised for sale. Petitioner's vehicle was seized on allegations of commission of an abkari offence, which has culminated in a confiscation order confiscating the vehicle to the Government. It is pursuant to the same, Ext. P5 notification has been issued for sale of the vehicle. The petitioner has not chosen to challenge the order of confiscation. Without challenging the order of confiscation, the petitioner cannot challenge the sale pursuant to such confiscation. That being so, there is no merit in this writ petition and accordingly the same is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.