The Kerala High Court has ruled that petrol pump washrooms on national highways must be open to the public round-the-clock, while those in other areas should serve customers and transit travellers. The Court also barred authorities from declaring private petrol pump toilets as public facilities.
Kochi: On August 13, the Kerala High Court changed its earlier order from June 17, which had said that toilets in petrol pumps were meant only for customers and not for the general public.
After looking at certain documents given by the State government and the Indian Oil Corporation, Justice CS Dias made a new decision. He clearly said that washrooms in petrol pumps on national highways must be open to the public at all times.
For petrol pumps in other areas, the toilets must be available for customers and people who are travelling through.
Justice Dias said,
“I am modifying the interim order dated 17/6/2024 by ordering that all washrooms of petrol pumps only National Highways shall be open to the public round the clock. With respect to petrol outlets in all other areas, the same shall be made available to all customers and transit travellers in the State,”
The Court also ordered that petrol pump owners and oil marketing companies should not stop anyone from using their toilets unless there is a safety or security issue.
The Court said,
“I direct that the petitioners, other retail outlets owners and dealers and oil marketing corporations to not restrict the use of washrooms only if there is any safety or security concern,”
The State government had argued that toilets at petrol pumps were considered public toilets under the Swachh Bharat Mission guidelines.
But the Court strongly disagreed with this. Justice Dias explained that it is the duty of local self-government bodies to provide public toilets, and this duty cannot be forced on private petrol pump owners or oil companies.
Justice Dias orally remarked,
“How can you pass on the responsibility of providing toilets to petrol pump owners? It is your duty under Swachh Bharat Mission,”
The Court also said that the government cannot put up boards outside petrol pumps saying that their toilets are public toilets.
The Court ordered,
“The respondent municipalities are restrained from installing any board outside the petrol outlets of the petitioners stating that their facilities are public toilets,”
Justice Dias further pointed out that if such boards were allowed, then toilets in any private building could be declared as public toilets.
Justice Dias remarked,
“The Swachh Bharat guidelines place the responsibility on Local Self Governments. How can you compel someone else to open their toilets? What is tomorrow the Corporation comes and keeps a board saying the High Court’s toilets are public toilets? That is what they are doing,”
The Court was hearing a petition filed by the petroleum dealers association in Kerala along with several individual petrol pump owners. They complained that local municipal authorities were wrongly treating their private toilets as public conveniences.
The petitioners, which included a registered association of more than 300 petroleum dealers in Kerala, said that officials had pasted posters on their washrooms, calling them ‘public toilets’.
They explained that their toilets were meant only for customers who come to refuel, especially in emergencies. But because of these posters, which also had feedback QR codes, the public was being misled into thinking these toilets were open for anyone.
This led to large crowds, including tourist buses, using the facilities. The petitioners said this created fights, confusion, and safety risks, especially considering the Petroleum and Explosives Safety Organization (PESO) safety rules.
They also pointed out that PESO’s 2018 directive clearly said that toilets at petrol pumps were only for customers in emergencies and not to be used as public toilets.
The municipal corporations had claimed they acted based on a Local Self Government Department Order and Swachh Bharat Mission guidelines.
However, the petitioners argued that these guidelines did not give the government the right to turn private toilets into public facilities. Instead, the guidelines put the responsibility on the government to build public toilets.
They said that their toilets are private property protected under Article 300A of the Constitution (right to property) and cannot be treated as public property.
The petitioners were represented by advocates 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 v State of Kerala & Ors.
