Kochi. Kerala High Court said on Friday that prima facie, I am of the opinion that the mall does not have the right to charge the parking fee. The court made this observation while hearing a petition alleging that the famous Lulu International Shopping Mall in Ernakulam is charging parking charges from its customers. The next hearing on this matter will be held on January 28. Kerala High Court asked the Kalamassery municipality whether it has issued any license for the same to Lulu International Shopping Mall in Ernakulam.
Justice PV Kunhikrishnan Said that the mall is illegally charging parking fee from the customers. However, the court has not asked the mall to put a moratorium on parking charges. The court said that as per the rules, the parking space is actually a part of the building. A building permit is issued on the condition that it will have parking space. The building is constructed on the basis of this undertaking. The question is, can the owner charge the parking fee after construction? The court said that prima facie, in my opinion, malls cannot charge car parking fees. Now I want to know the stand of the municipality on this issue.
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The complaint of the petitioners was that Lulu Mall was charging parking fees without any authority. Senior advocate S Sreekumar, appearing for the respondents, submitted that under section 447 of the Kerala Municipalities Act License has given. Further, the court directed the municipality to file a statement on its definite stand whether the parking fee can be charged for the mandatory parking space under the building rules. The next hearing on this matter will be held on January 28.
Parking people had threatened film director Polly Vadakkan
This petition has been filed by film director Pauli Vadakkan. In fact, he was charged Rs 20 as parking fee when he went to the mall on December 2. Vadakkan, in his plea, alleged that the mall staff locked the exit gate and threatened him when he initially refused to pay the parking fee.
Tags: Kerala High Court