Prima facie, malls haven’t got rights to gather parking charges: Kerala High Court

By PTI

KOCHI: The Kerala High Court on Friday stated prima facie, it was of the opinion that malls haven’t got the appropriate to gather parking charges and requested Kalamassery municipality whether or not it had issued any license to the Lulu International shopping center at Ernakulam for a similar.

Justice P V Kunhikrishnan, whereas listening to a plea that the mall was illegally gathering parking charges from clients, nevertheless, didn’t ask the mall to cease the gathering however stated it will be at their danger.

“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 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 parking fee is the question. Prima facie I am of the opinion that it is not possible,” the courtroom stated in its order.

The courtroom has requested the municipality to file a press release about its stand concerning the problem and posted the matter for additional listening to on January 28.

“Further collection of the parking fee by 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 courtroom stated.

Petitioner Pauly Vadakkan, a movie director, has contended that the mall’s administration was chargeable for offering free parking to clients.

Vadakkan moved the excessive courtroom after Rs 20 as parking charges was collected from him when he had visited the mall on December 2.

He has alleged that the mall employees closed the exit gates and threatened him when he initially refused to pay the quantity.

“The parking area in a commercial complex is a public place meant for the purpose of the customers visiting that commercial complex and the 1st respondent (Lulu) in no way can collect parking fees for the same,” it was contended.

However, this rivalry was opposed by Lulu’s lawyer, who stated that the mall has a license.