Nishka Srinivas Veluvali
Published On: January 28, 2022 at 17:02 IST
On Friday, the Kerala High Court recapitulated its Prima Facie observation that the collecting of Parking charges by Lulu International shopping mall was not rational.
Justice PV Kunhikrishnan was considering a batch of Pleas filed against the mall for collecting parking fees.
The Court repeated its Prima Facie view and Ordered the Respondents to file a Counter Affidavit with regard to the same.
The Court stated that, “I am still of the view that collection of Parking fees by the malls is Prima Facie Illegal. If this is permitted, malls will soon start collecting fees for the lift service they provide to their customers”.
The Court in previous hearing had sought for the response from the Kalamassery Municipality on this query but they requested for more time to file their response.
The Impleading Petition was also filed by the Shopping Centres Association of India, today and observing that there was no opposition against the same, the Judge considered hearing it.
The Association informed the Court that the Parking space of the Malls are their private spaces of the Mall Operators and no Rules should be imposed over the Mall Operators to provide free Parking facilities.
The Petitions in the Kerala High Court was filed by social worker Bosco Louis and film director Pauly Vadakkan who had made personal appearance in the Court.
The Film Director submitted to the Court that he was threatened when refused to pay the Parking charges on December 02, 2021.
It was submitted to the Court that the collection of such fees is a violation of the Kerala Municipality Act and Kerala Municipality Building Rules 1994 because as per these Rules, a mall is a commercial sector and the place allotted for the Parking space cannot be converted into Pay & Park facility. If any such conversions are made it is Fraud on the Statute and unacceptable.
The Court upon hearing both the sides Adjourned this matter for February 21, 2022.
