Kochi: The Kerala High Court said on Friday (January 14, 2022) that prima facie it was of the opinion that malls do not have the right to collect parking fees and that it had asked the Kalamassery municipality if it had given a license to the Lulu International shopping mall at Ernakulam. In hearing a complaint that the mall was collecting illegal parking fees from its customers, however, Justice P. V. Kunhikrishnan did not ask the mall to stop collecting but said it would be at their own risk.
‘As per the Building Rules, sufficient area for parking space is necessary for constructing a building. Parking space is part of the building. The building permit is issued on the condition that there will be parking space. Based on this undertaking the building is constructed. After constructing the building, whether the owner of the building can collect the parking fee is the question. Prima facie I am of the opinion that it is not possible,’ the court said in its order.
The court has asked the municipality to submit a statement regarding its position and has scheduled the matter for further hearing for January 28. ‘Further collection of the parking fee by the respondent (Lulu Mall) for parking vehicles in the area which is earmarked in the building permit for parking will be subject to the result of the final decision of this writ petition. But I make it clear that they can collect the parking fee at their risk,’ the court said. In his petition, Pauly Vadakkan, a film director, argues that the mall management should have provided free parking.
On December 2, Mr. Vadakkan had been charged 20 rupees as parking fees when he visited the mall. He filed a lawsuit in the high court. The mall staff allegedly shut the exit gates and threatened him when he stated he refused to pay the amount. ‘The parking area in a commercial complex is a public place intended for customers of the commercial complex and, therefore, the 1st respondent (Lulu) is not permitted to charge parking fees for the same,’ the plaintiff asserted. Lawyers for Lulu objected to this assertion, stating that the mall is licensed.
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