The Kerala High Court has ruled that the mall’s practice of collecting parking fees from customers is fully legal, reaffirming a previous single-bench order that supported the mall’s right to do so under municipal and building regulations.
A division bench comprising Justices S.A. Dharmadhikari and V.M. Shyam Kumar dismissed the plea challenging the practice, observing that building owners have the discretion to levy parking charges as permitted by their municipal or corporation licenses.
The petition, filed by Bosco from Kalamassery, had claimed that the collection violated the Kerala Municipality Act and Kerala Building Rules, but the court rejected this argument, siding with both the mall and the local authorities.
During the proceedings, Lulu Mall’s management highlighted that its basement and multilevel parking facilities are spacious, safe, and professionally maintained. The mall further clarified that it pays building tax inclusive of parking spaces and that only reasonable fees are collected — all of which are reinvested in maintenance and operational safety.
The Kalamassery Municipality also confirmed that Lulu Mall holds a valid license to operate “pay-and-park” services, as permitted under the Kerala Municipality Act, legitimizing the fee collection.
In its final judgment, the High Court concluded that charging for parking is a lawful commercial right of property owners and not a violation of public rights, marking a key precedent for similar disputes across the state.
