Toilets at petrol pump cannot be used as public facilities, says Kerala HC

The Kerala High Court directs state and local bodies not to force petrol pump owners to allow public use of toilets meant only for customers, citing safety and property concerns

The Kerala High Court has temporarily barred the state and local bodies from turning toilets at privately run petrol pumps into public conveniences, LiveLaw reported. 

Justice CS Dias issued the order while hearing a writ petition filed by the Petroleum Traders Welfare and Legal Service Society and five individual retailers. 

The petitioners argued that officials from the state government and Thiruvananthapuram Municipal Corporation were pressuring them to let everyone use their restrooms. Posters had even been pasted on some pumps, creating “the impression that the toilets are public toilets”, they told the court. 

‘Public use disrupts daily operations’

According to the petition, large groups — including tourists from passing buses — now arrive expecting free access. This crowds petrol-pump premises, causes arguments and, the retailers say, raises safety risks in an area where fuel is handled. 

 

The dealers maintain the washrooms were installed only for customers who stop to refuel and need them in an emergency. Allowing unrestricted entry would “impede and even endanger the functioning of petrol pumps”, they said. 

“Hence in light of the impending threat and disastrous consequences which might ensue due to usage of such toilets by general public at large; it is essential that requisite directions may be passed by this Honourable Court to restrict usage of such toilets only to customers who come for refuelling their vehicles and that too only in emergency situations,” the petitioners submitted, as quoted by LiveLaw. 

   

Court seeks Swachh Bharat guidelines

Earlier, the court directed the Thiruvananthapuram Municipal Corporation to produce any guidelines issued under the Swachh Bharat Mission that could justify opening private toilets to the public. 

The retailers have also asked for a declaration that their toilets are private property safeguarded by Article 300A of the Constitution, and that no law allows authorities to re-designate them as public facilities under the Petroleum Act or its 2002 Rules.