R. Jayasimha Babu, J.

The writ petition of the appellants was directed against the order made by the Commissioner of Prohibition and Excise on 20.9.1999 suspending the F.L.3 licence No.2/82-83. The reasons for suspension were furnished to the petitioners subsequently by the Commissioner on 29. 1999.

2. Theorder of suspension is one against which an appeal lies to the Government under Rule 2 of the Tamil Nadu Prohibition Appeal and Revision Rules, 1983. Rule 2(5) provides that an appeal shall lie to the Government from an original order passed by the Commissioner of Prohibition and Excise and against the original order passed by the Commissioner in the discharge of his functions as a Collector.

3. Since the impugned order has been passed by the Commissioner of Prohibition, that order being an original order, the appellate authority would be the Government. It is stated at the bar that the petitioner in fact has filed an appeal to the Government and that such appeal is pending. It is appropriate that the statutory appellate authority exercise its powers in relation to that appeal and render its decision, without that proceeding being rendered futile by any order of this C