Kerala HC restrains state from mandating public use of toilets at private fuel stations

The Kerala High Court has issued an interim order restraining the State Government and local self-government bodies from converting toilets in private petroleum retail outlets into public toilets.

A single bench of Justice P.G. Ajithkumar passed the interim order in a writ petition filed by the Petroleum Traders Welfare and Legal Service Society along with five other petroleum retailers. The petition challenged the attempts made by the State Government and local bodies to mandate that toilets in private petroleum outlets be made accessible to the general public.

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The court directed the State Government and the Thiruvananthapuram Corporation not to compel petroleum outlet owners to provide public access to washrooms at the petitioners’ outlets. It also asked the Corporation to produce relevant guidelines issued under the Swachh Bharat Mission.

The petitioners contended that toilets at fuel stations are private facilities, intended for emergency use by customers who refuel their vehicles—not for the general public. They alleged that civic authorities had pasted posters on their premises, creating the impression that the facilities were open to all.

They argued before the court that unrestricted public access compromises safety and violates their property rights under Article 300A of the Constitution.

The petitioners further asserted that there is no provision under existing laws, including the Petroleum Act or the Petroleum Rules, 2002, that empowers authorities to mandate such public use.

They submitted that the toilets maintained at their outlets are not designed for high-volume usage, and allowing widespread access would impede and potentially endanger the operations of fuel stations.

“In light of the imminent threat and potentially disastrous consequences of allowing such toilets to be used by the general public, it is essential that this Hon’ble Court issue appropriate directions to restrict usage solely to customers refueling their vehicles—and only in emergency situations,” the petitioners submitted.