JUDGMENT :

S.Manikumar, J.

Instant writ appeal is filed against judgment in W.P.(C) No.39357 of 2015 dated 30.09.2019 by which, the writ court, by holding that writ petition filed against a Church is not maintainable, dismissed the same.

2. Moot question raised in the writ petition is, whether 'Church' does a public duty or public function, within the definition of State or a instrumentality of State and, whether a writ petition is maintainable against a Church.

3. Short facts leading to the appeal are as under:

Appellants, who are the members of Church of South India, respondent No.1, submitted an application for solemnizing their marriage. Pre-marriage counseling of the appellants were conducted from 01.10.2015 to 03.10.2015 and a certificate to that effect was issued. Appellants remitted Rs.1,000/-each, at their pastorates for publishing/ announcing notice of their intended marriage during the prayer services on the three succeeding Sundays. Notice regarding the proposed marriage of the appellants was read out on 08.11.2015 and 15.11.2015. At that point of time, additional respondent No.4 raised objections against the proposed marriage alleging that appellant No.1 had promised to mar