In a decision that could impact shoppers across Kerala, the Kerala High Court on Saturday, October 25, dismissed a challenge to parking fees at Lulu Mall in Kochi. The bench clarified that private mall owners have the authority to decide whether to levy charges for parking vehicles within their premises.
Background
The case stems from a petition filed by Bosco Louis, who questioned the legality of parking charges collected at Lulu Shopping Mall, Edappally. The mall, one of India’s largest, spans 68,000 square meters and provides ample parking facilities. While the basement alone has 1,083 slots, the mall also operates an adjacent multi-level car park, bringing the total to 4,387 parking spaces.
The petitioner argued that parking charges were unfair to customers and questioned whether a private entity could levy such fees within its premises. Earlier, a Single Judge had ruled in favor of the mall, holding that the owner could decide on charging for parking while offering its shopping facilities.
Dissatisfied with this ruling, Bosco Louis filed a writ appeal seeking to overturn the decision.
Court’s Observations
The Division Bench, comprising Justices Sushrut Arvind Dharmadhikari and Syam Kumar V.M., closely examined the mall’s parking arrangements and the legal principles involved.
“The bench observed, ‘A private establishment offering services and facilities cannot be prohibited from determining whether to charge for parking, as this falls within their commercial discretion,’” sources present in the courtroom said.
The judges highlighted that Lulu Mall’s parking provisions not only met statutory requirements but also exceeded them significantly with the additional multi-level parking facility. The court noted that imposing fees for a service voluntarily provided by the mall did not violate any law.
Counsel for the appellant, Jacob Mathew, argued that parking charges should be regulated or waived to benefit the public. However, the bench found these submissions unpersuasive, emphasizing that the mall’s decision to charge fees was a matter of private commercial policy rather than public law.
Representatives for Lulu Mall, including Thomas P. Kuruvilla and other senior counsels, reiterated that the parking fees were clearly advertised, and customers voluntarily used the service, making the charges legitimate.
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Decision
After considering all arguments, the Kerala High Court dismissed the writ appeal, effectively upholding the earlier Single Judge’s ruling. This means Lulu Mall retains the right to levy parking charges for its customers, confirming that private commercial establishments in Kerala can decide on ancillary services like parking without judicial interference.
A detailed judgment is awaited, but the immediate effect is clear: shoppers must comply with the parking fee structure at Lulu Mall, and similar cases in the future may now reference this decision.
Case Title: Bosco Louis v. State of Kerala and Others
Case No.: WA 939/2023
Counsel for Appellant: Jacob Mathew
Counsel for Respondents:
- K.R. Deepa – Government Pleader (R1 & R4)
- S. Sreekumar (Sr.), P. Martin Jose, Prajith P., Githesh R., Manjunath Menon, Sachin Jacob Ambat, Harikrishnan S., Ajay Ben Jose, Anna Linda Eden, Hani P. Nair, Thomas P. Kuruvilla – Lulu Mall (R3)
Date of Decision: October 25, 2025
