In a significant interim order, the Kerala High Court has held that toilets at petrol pumps are meant exclusively for customers and not for the general public. The ruling came in response to a petition filed by the Petroleum Traders Welfare and Legal Service Society, along with several individual fuel station operators, challenging directives from local authorities to open their privately maintained toilets to everyone.
Justice CS Dias, who issued the directive, observed:
“It is prima facie clear that toilets maintained at retail petroleum outlets are intended for the use of customers and not the general public.”
The Court has directed the State government and the Thiruvananthapuram Municipal Corporation to refrain from compelling fuel stations to allow general public access to these facilities.
The petitioners, represented by Advocates Adarsh Kumar, KM Aneesh, Shashank Devan, and Yadu Krishnan PM, contended that authorities had pasted misleading posters and feedback QR codes on private toilets within fuel stations, falsely branding them as public conveniences. This, they argued, resulted in uncontrolled public access, including by tourist buses, which led to overcrowding, mismanagement, and safety concerns—violating Petroleum and Explosives Safety Organization (PESO) guidelines.
“Apart from the inconveniences and hardship caused to the retail outlet dealers, there is a larger public nuisance and impending disaster looming large,” the petition stated.
The petitioners also invoked Article 300A of the Constitution, arguing that their right to property was being violated by such unauthorized conversion of private toilets into public facilities.
The Municipal Corporation, through standing counsel Suman Chakravarthy, claimed that their actions were based on a Local Self Government Department order and Swachh Bharat Mission guidelines. However, the Court noted that these guidelines do not override private property rights or PESO’s directives.
The matter remains under judicial consideration, but the interim relief granted is a major win for fuel station owners across Kerala.
Case: Petroleum Traders Welfare and Legal Service Society & ors vs State of Kerala & ors – Available on LAWFYI.IO
