The High Court of Kerala, through learned judge, Justice P.V Kunhikrishnan in the case Pauly Vadakkan vs Lulu International Shopping Mall Pvt. Ltd. (WP(C) NO. 29749 OF 2021) observed that prima facie, malls cannot collect parking fees.
BRIEF FACTS OF THE CASE: The grievance raised by the petitioner was that the 3rd respondent collected parking fees for vehicles parked in the parking space of their building without any authority. The Standing Counsel for the Municipality submitted that the licence was given only under Section 447 of the Kerala Municipality Act. 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.
JUDGEMENT: The court held that prima facie, the 3rd respondent cannot collect parking fees for vehicles parked in the parking space of their building without any authority. The court remarked that it wanted to know the stand of the Municipality on this issue. The court directed the Municipality concerned to file a statement/counter affidavit about their stand regarding the issue, whether the parking fee can be collected for the parking space earmarked to a building as per the permit. The court dismissed the petition by observing that the further collection of parking fee by the 3rd respondent 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 the writ petition.
JUDGEMENT REVIEWED BY – AMRUTHA K