Malls Don’t Have Rights To Collect Parking Fees: Kerala High Court




Kerala High Court was hearing an application alleging that a mall was illegally charging parking fees (representative).


The Kerala High Court on Friday initially ruled that the mall had no right to charge parking fees and asked the municipality of Kalamaseri whether it had issued any licenses for the Lulu International Shopping Mall in Ernakulam.


Justice PV Kunhikrishnan, while hearing an application that the mall was illegally charging parking fees from customers, did not ask the mall to stop collecting but said it would put them at risk.

“According to the building rules, a building needs sufficient space for parking space. Parking space is part of the building. Building permit is issued on condition that there will be parking space. The building is constructed on the basis of this promise. The question is whether you can do it. Initially, I don’t think it’s possible, “the court said in its order.

The court asked the municipality to file a statement about its position on the matter and posted the matter for the next hearing on January 28.


“Further collection of parking fees by the respondent (Lulu Mall) for parking of vehicles in the area designated for parking in the building permit will be subject to the outcome of the final decision of this writ petition.

Petitioner Paoli Vadakkan, a film director, claims that the mall’s management is responsible for providing free parking to customers.

Mr Vadakkan went to the High Court after Rs 20 when he went to the mall on December 2 and was charged a parking fee.


He complained that the mall staff closed the exit gate and threatened him if he refused to pay at first.

“The parking area of ​​a commercial complex is a public space intended for customers who come to that commercial complex and the 1st respondent (Lulu) can in no way collect parking fees for it,” it was argued.

However, the controversy was opposed by Lulu’s lawyer, who said the mall had a license.


(Except for the title, this story was not edited by NDTV staff and was published from a syndicated feed.)


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