BOSCO LOUIS Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed by two disgruntled citizens, aggrieved by the demand and collection of fee for parking their vehicles in the parking space in Lulu Mall, a shopping mall constructed by the Lulu International Shopping Mall Private Limited (the Company, for short) at Edappally in Ernakulam. The prayers, which are almost similar in both writ petitions, are as under;

(2.) I heard the petitioner in W.P.(C) No. 23932 of 2021, who appeared in person, Adv. Alex M. Scaria, learned Amicus Curiae, Adv. Jomy K. Jose for the petitioner in W.P.(C) No. 29749 of 2021 and Sr. Advs. Mukul Rohatgi, S. Sreekumar and P.K. Suresh Kumar, along with Advs. M.K. Aboobacker, M.P. Shammem Ahamed and Nebil Nizar, for the respondents.

(3.) The essential facts are as under; The Lulu Mall, one among the largest shopping malls in the country, has a retail space of 68,000 sq.mts. The mall is situated within Kalamassery Municipal area and a portion of its land lies within the limits of Kochi Municipal Corporation. The parking space for the Mall, provided in the basement of the building, covers an area of about 40316.01 sq. mts and can accommodate 1083 vehicles, as is statutorily required. Apart from providing requisite parking space in the basement, the company has constructed a multilevel car parking facility in the appurtenant land, situated within the limits of the Kochi Corporation. Thus, as against the requirement of 1083 parking slots, 4387 parking slots are available within the precincts of the Mall. Out of the 4387 parking slots, 1865 slots are earmarked for four wheelers and 2522 slots, for two wheelers. The Company has provided security staff and has installed CCTV cameras for ensuring the safety and security of the vehicles parked within the premises and is collecting fees for the space and the services provided.