'Malls Will Start Charging For Their Lift Services Too' : Kerala High Court On Lulu Mall Collecting Parking Fee

The Kerala High Court on Friday reiterated its prima facie view that the collection of parking fees by Lulu International shopping mall is not appropriate. It was adjudicating upon a couple of pleas alleging that the mall collecting parking fees from its customers was illegal.

Justice P.V. Kunhikrishnan while adjourning the matter to next month repeated its prime facie stand and directed the respondents to file a counter affidavit in the matter.

"My prima facie observation is on the basis of the fact that building permit is given only on inclusion of parking space. After giving building permit with that parking facility, you cannot collect an additional fee because it is part of the building. If this is permitted, malls will soon start collecting fees for the lift service they provide to their customers."

Senior Advocate S Sreekumar, appearing for the mall questioned the petitioner's haste when he does not visit the mall anymore. However, the Court pointed out that as a citizen, he is perfectly entitled to take up a matter of public interest.

The Court had earlier sought a clear response from the Kalamassery Municipality on this question. Today, the respondents sought more time to file their counter. 

Accordingly, the matter was adjourned to be taken up on 21 February. 

An impleading petition was also moved by the Shopping Centres Association of India which represents malls and retail operators and upon noting that there was no objection to the same, this application was allowed by the Judge. 

The Association submitted that the parking space in a mall is the private property of each mall operator and that no Rule could be brought in forcing the mall owners to provide free parking services.

They argued that mall owners and operators who are private bodies incur huge costs in developing and maintaining parking spaces with adequate safety and security systems. The Municipality Act and Rules do not prohibit levying parking fees in commercial establishments and the same has been reiterated by the High Court in several judgments, the plea said.

Senior Advocate P.K Sureshkumar appearing on behalf of the Association, also informed the Court that due to the Court's previous interim order, people were now refusing to pay such fees at several malls in the State.

"Let them. Even now, according to me, it is prima facie illegal," the Judge orally remarked.

However, the Court assured the respondents that it will hear them at length before arriving at any final finding.

The first petition was moved by a social worker Bosco Louis who appeared as a party in person. Another petition was moved by film director Pauly Vadakkan after he was charged Rs 20 as parking fees when he visited the mall on December 2.

In his plea, Vadakkan had alleged that the mall staff closed the exit gates and threatened him when he initially refused to pay the amount. The plea was filed through Advocate Jomy K. Jose.

It was contended that collecting parking fees was a blatant violation of the Kerala Municipality Act and Kerala Municipality Building Rules 1994 since as per the rules, the mall is a commercial complex and the place earmarked in the approved building plan for parking cannot be converted into a pay & park facility.

If any conversion is made, that is a fraud on the statute and unsustainable in the eye of the law, the petitioner had submitted.

During one of the previous hearings, the counsel argued that the mall does not have the license to collect parking fees from customers. However, this was opposed by the respondents.

The petition had further contended that parking fees were being collected by the mall since 2010 and that this had to be recovered by the government. Accordingly, the plea has sought a declaration that collection of parking fees by the mall was illegal apart from a refund of the Rs. 20 collected from the petitioner.

Case Title: Pauly Vadakkan v. Lulu International Shopping Mall Pvt Ltd.