[Lulu Mall] "Parking fees prima facie illegal; tomorrow will you collect fees for lift?" Kerala High Court

The Kerala High Court on Friday prima facie opined that the collection of parking fees by commercial establishments such as the Lulu International Shopping Mall in Ernakulam is illegal [Pauly Vadakkan v Lulu International Shopping Mall & Ors.]..Justice PV Kunhikrishnan noted that as per the Kerala Municipality Building Rules 1994, providing parking space to visitors is mandatory and reiterated his previous opinion that collecting parking fees under such circumstances would prima facie be illegal."My doubt and 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. Tomorrow will you start collecting fees for the lift also, because you are providing a service?".The Court was hearing a plea which was moved by film director Pauly Vadakkan, through advocate Jomy K Jose, after he was charged ₹20 as parking fees when he visited the mall earlier this month.It was contended that it is a blatant violation of the Kerala Municipality Act and Kerala Municipality Building Rules according to which the place earmarked in the approved building plan for parking in a commercial complex cannot be converted into a pay & park facility.In fact, it is the responsibility of the owner or management to provide free parking spaces to those who visit a commercial complex like Lulu Mall, it was claimed. The petitioner thus sought a declaration that the collection of parking fees by the mall was illegal and and prayed for directions to refund the ₹20 collected from him..The plea by Vadakkan has been tagged with another in which the petitioner appeared in person to urge the Court to hear the matter expeditiously and raised the allegation that the Municipality's statement was designed to mislead the Court. Senior Advocate S Sreekumar, appearing for the mall interjected to question the party's haste in light of the fact that the party does not visit the mall anymore.However, Justice Kunhikrishnan pointed out that as a citizen, he is perfectly entitled to take up a matter of public interest before the Court. .The Shopping Centre's Association of India was also made an additional respondent in the party array. The association which represents malls and retail operators, vehemently opposed the arguments of the petitioners and stated that the issue raised in the petitions will have wide ramifications on malls and retail operations in the State. It was 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 Kerala High Court in several judgments, the plea said. However, municipalities and corporations across the state, have a tendency, "owing to populist and political reasons" to declare that no parking fee be paid, it was contended. The plea also pointed out that government authorities in airport, railway stations and corporation buildings charge parking fees and therefore, a different discriminatory yardstick cannot be allowed to be taken in the case of malls and other commercial establishments..Senior Advocate PK Sureshkumar, on behalf of the Association, also informed the Court today 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," Justice Kunhikrishnan orally remarked. However, the judge assured the party respondents that the Court will hear them at length before arriving at any final finding.The matter will be taken up next on February 21, 2022.