The Kerala High Court has issued an interim order restraining the state authorities from converting private toilets in petroleum retail outlets into public toilets.
Justice C.S. Dias passed the order while hearing a writ petition filed by the Petroleum Traders Welfare and Legal Service Society along with five other petroleum dealers. They challenged the actions of the Kerala Government and the Thiruvananthapuram Municipal Corporation, who were allegedly trying to make private toilets at petrol pumps accessible to the general public.
"The State Government and Thiruvananthapuram Corporation shall not insist that the petitioners' toilets be made available for public use," the Court directed.
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The petitioners submitted that the toilets maintained at their retail outlets are meant solely for the emergency needs of customers who come for refueling. However, local bodies had allegedly pasted posters at these outlets misrepresenting them as public toilets, leading to confusion and chaos.
They highlighted that the outlets are sensitive zones due to the presence of highly inflammable materials. Allowing unrestricted public access, especially in large numbers such as passengers from tourist buses, has caused disruptions, safety concerns, and heated altercations at these sites.
"Due to the explosive risk at petrol pumps, allowing unrestricted public access to private toilets poses a serious threat to safety and smooth operation," the petitioners argued.
They also stated that such forced access violates their constitutional rights under Article 300A, which protects the right to property. They argued that neither the State nor the local bodies have any authority under the Petroleum Act or Petroleum Rules, 2002 to convert or portray privately maintained toilets as public utilities.
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Further, the petitioners asked the Court to recognize that these toilet facilities are private assets and must not be repurposed or portrayed otherwise without legal basis. They emphasized that any access, if at all permitted, should be limited strictly to genuine fuel customers and only in emergencies.
The Court had earlier directed the Municipal Corporation to produce relevant guidelines under the Swachh Bharat Mission, based on which the government was pushing for public access.
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Quote:
"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 Hon'ble Court to restrict usage of such toilets only to customers who come for refueling their vehicles and that too only in emergency situations," — Petitioners before the Kerala High Court.
The petitioners were represented by Advocates Adarsh Kumar, K.M. Aneesh, Shashank Devan, and Yadu Krishnan P.M.
Case Title: Petroleum Traders Welfare and Legal Service Society vs State of Kerala | WP(C) 9329/2025
