JUDGMENT :

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;

W.P.(C) No. 23932 of 2021

i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 produce the application for sanction of Lulu mall, sanctioned plan, with minutes etc.

ii. Issue an appropriate writ of prohibition, order or direction to the 1st and 2nd respondent to restrain the 3rd respondent from collecting any money from the public towards the parking fee.

iii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 3, to return the illegally collected Rs20/-from the petitioner.

iv. issue a writ of mandamus or any other appropriated writ, order or direction commanding the 4th respondent to drop all the further proceedings against the petitioner.

v. issue a writ mandamus or any other appropriate writ, order or direction commanding the 1" respondent to conduct an enquiry to find the number of similar illegal collections across the state to take punitive actions against this kind of rampant violations of law to make money. hoodwinking the government.

vi. any other writ or order to respondents for any other relief that this Hon'ble Court feels deemed fit to pass as deemed fit in the above circumstance of the case, including e cost of the writ petition.

W.P.(C) No.29749 of 2021

i) to declare that the parking fee collected from the petitioner as per Ext.P3 is illegal.

ii) direct the 1st respondent to refund the parking fee collected from the petitioner illegally.

iii) to declare that the 1st respondent has no right to collect parking fee from their customers without any license by committing fraud on statute.

iv) to direct the respondents 2, 3 and 4 to take appropriate steps to recover the parking fee collected by the 1st respondent illegally so far from the inauguration of the 1st respondent mall in the year 2010.

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.

4. According to the petitioners, the parking space has to be provided mandatorily in view of the stipulation in Rule 20 of the Kerala Municipality Building Rules. Hence, no fees can be collected for utilising the space. The very purpose of providing mandatory parking space, which is to ensure that people visiting the mall do not