Kerala High Court Rules: "Petrol Pump Toilets Are Only For Customers

Kerala High Court clarified that toilets at fuel stations are only for customers, not the general public. The Court stopped local authorities from forcing private pump owners to open these washrooms to everyone.

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KOCHI: The Kerala High Court said that toilets at petrol pumps are meant only for the use of customers and not for the general public. The order was given by Justice CS Dias, who also directed the Kerala State Government and Thiruvananthapuram Municipal Corporation not to force petrol pump owners to open their private toilets for everyone.

This interim order came while the Court was hearing a petition filed by the Kerala Petroleum Dealers Association and many individual petrol pump owners. They challenged the actions of local authorities who were treating the private toilets at fuel stations as if they were public toilets.

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The Court clearly directed both the State and the Corporation:

“Not to insist that the washrooms in petrol pump outlets should be made open for use by the general public.”

In their petition, the fuel station owners said they maintain these toilets only for their customers, especially for emergency use when people come to refuel their vehicles. But, the municipal officials had put posters and QR code stickers on these toilets, telling people they were public toilets.

The petitioners said this led to confusion and problems. Many people, including entire tourist buses, started using these toilets. This caused crowds, arguments, and safety issues at the fuel stations. According to safety guidelines from the Petroleum and Explosives Safety Organization (PESO), this is dangerous.

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They said,

“It is humbly submitted that apart from the inconveniences and hardship being caused to the retail outlet dealers, each time a large number of people approach the retail outlet premises for usage of toilets therein, there is a larger public nuisance and impending disaster that is looming large.”

They also told the Court that these actions of the municipality violated PESO’s 2018 circular, which clearly said that toilets in petrol bunks are only for emergency use by customers, and not for public use.

The Municipal Corporation argued that they were following orders from the Local Self Government Department and Swachh Bharat Mission guidelines.

But the fuel station owners said these rules do not allow the government to convert private toilets into public ones. Instead, these rules say that the government itself should build proper public toilets.

So, the petitioners asked the Court to protect their rights. They said their toilets are on private property, and under Article 300A of the Constitution, no one can take away or use their property without legal authority.

The petrol pump owners were represented by lawyers Adarsh Kumar, KM Aneesh, Shashank Devan, and Yadu Krishnan PM. The Thiruvananthapuram Municipal Corporation was represented by standing counsel Suman Chakravarthy.

CASE TITLE:
Petroleum Traders Welfare and Legal Service Society & ors vs State of Kerala & ors.

What is Article 300A of the Indian Constitution?

Kerala High Court Rules: "Petrol Pump Toilets Are Only for Customers – Not for Public Use!"

Understanding the Right to Property in India

Article 300A of the Indian Constitution protects an individual’s right to property by stating that no person can be deprived of their property except by the authority of law.

This means the government cannot take over or interfere with anyone’s private property unless it follows a valid legal procedure backed by legislation.

Although the right to property was originally a fundamental right, it was changed to a constitutional right through the 44th Constitutional Amendment in 1978.

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Today, it is no longer listed under fundamental rights (Articles 14–32), but it still provides significant legal protection.

Key Highlights of Article 300A (Explained Simply)

Protection Against Arbitrary Action
The government cannot forcibly take your property without a lawful reason. Arbitrary or unauthorized seizures are not allowed under this provision.

Only Through Law Passed by Legislature
Property can only be acquired through a valid law made by Parliament or a State Legislature. Executive orders or administrative decisions cannot override this requirement.

Due Legal Process Required
There must be a fair, just, and transparent legal process when property is acquired or taken over. This ensures that citizens are not deprived of their rights without legal safeguards.

Not a Fundamental Right, But Still Protected
Although it is no longer a fundamental right, Article 300A continues to protect individuals from illegal encroachments or state actions that do not follow proper legal procedures.

Introduced by the 44th Amendment Act, 1978
This article was added to replace the earlier fundamental right to property. The change was intended to balance individual rights with the government’s authority to acquire land for public purposes.