Tuesday, 25 January 2022

Malls Don't Have Rights To Collect Parking Charges: Kerala Court

Malls Don't Have Rights To Collect Parking Charges: Kerala Court

On Friday, the Kerala High Court said prima facie that malls don't have the right to collect parking charges and asked Kalamassery municipality whether it had issued any license to Lulu International shopping mall at Ernakulam.

P V Kunhikrishnan Justice, while hearing a plea that the mall was illegally collecting parking fees from customers, did not ask the mall to stop the collection but said it would be at their risk.

The court said in its order.

"As per the Rules, sufficient area for the parking area is necessary for constructing a building. Parking area is part of the building. The building permission is issued on condition that there will be parking space. Based on the undertaking the building is constructed. After constructing the structure, whether the owner of the building can fetch parking fee is the question. Seemingly I am of the opinion that it is not possible,"

The Kerala court has asked the municipality to file a statement about its issue and publish it for further hearing on 28 January.

The court said.

"Further fetching of the parking fee by the respondent of 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,"

Malls Don t Have Rights To Collect Parking Charges Kerala Court 1unsplash image

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Petitioner Pauly Vadakkan, a film director, has contended that the mall's management provided free parking to customers.

Mr. Vadakkan moved to the high court after ₹ 20 as parking fees were collected from him when he had visited the mall on 2 December.

He had alleged that the mall staff closed the exit gates and threatened him when he initially refused to pay the amount.

It contended.

"The parking zone in a commercial complex is a public place meant for the purpose of the customers visiting that commercial complex and the 1st respondent in no way can collect parking fees for the same,"

However, this contention was opposed by Lulu's lawyer, who said that the mall has a license.

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