The Kerala High Court has upheld Lulu Mall’s right to collect parking fees, ruling that it is legal if the mall holds a valid municipal licence. The verdict ends a long-running dispute over whether commercial complexes must offer free parking.
Kochi: The Kerala High Court on Saturday dismissed an appeal filed against the collection of parking fees by Lulu International Shopping Mall in Kochi. The case, Bosco Louis v State of Kerala & Ors, was heard by a Division Bench consisting of Justices SA Dharmadhikari and Syam Kumar VM.
The Bench upheld the earlier ruling of a single-judge bench, which had held that it is within the mall owner’s right to collect parking fees from visitors as long as the owner has a valid municipal licence for the activity.
The Court observed that the mall authorities can levy parking charges, provided such collection is carried out
“with due authorisation under municipal law.”
The Court sat on a Saturday as a compensatory working day to make up for an unscheduled holiday declared on October 3.
Earlier, a single-judge bench had drawn a distinction between two parking areas at Lulu Mall — the basement parking, where charging a fee was deemed legal, and the multi-level parking facility, where the collection was held illegal because the owner had not obtained the required licence under Section 475 of the Kerala Municipality Act.
The petitions had been filed by film director Pauly Vadakkan and one Bosco Louis after Vadakkan was charged ₹20 as parking fees while visiting the mall.
They argued that collecting parking fees violated the Kerala Municipality Act and the Kerala Building Rules, claiming that
“commercial complexes are obliged to provide free parking to visitors.”
However, Lulu Mall’s counsel defended the practice, submitting that mall owners invest large sums in constructing and maintaining parking spaces, ensuring safety and proper management.
The mall asserted that “there is no statutory prohibition on charging reasonable fees for parking” and that such fees are essential for upkeep and maintenance.
The High Court’s dismissal of the appeal means Lulu Mall can continue to collect parking fees as long as the activity is properly licensed. The Court reaffirmed that collecting such fees is a matter of business prerogative, not illegality.
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Government Pleader KR Deepa represented the State, while Standing Counsel MK Aboobaker appeared for the Kalamassery Municipality.
Senior counsel S Sreekumar, assisted by advocates P Martin Jose, Prajith P, Githesh R, Manjunath Menon, Sachin Jacob Ambat, Harikrishnan S, Ajay Ben Jose, Anna Linda Eden, Hani P Nair, and Thomas P Kuruvilla, appeared for Lulu International Shopping Mall.
A detailed copy of the judgment is awaited.
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