The Kerala High Court on Thursday modified a single bench’s interim order that had mandated all petroleum retail outlets located along National Highways in the state to keep their washrooms open to the public round the clock/
A division bench comprising Justice Amit Rawal and Justice P.V. Balakrishnan modified the first two directions passed by the single bench to the extent that it mandated all retail outlets to provide round-the-clock use of toilet facilities by the public.
The court issued separate directions for petrol pumps situated on National Highways and those not located along National Highways.
“In respect of retail outlets located off National Highways, oil marketing companies and the appellant/petitioners shall permit round-the-clock use of toilet facilities for customers and transit travellers. They shall permit the use of facilities to the general public only at their discretion,” the court directed.
“In respect of retail outlets on National Highways, oil marketing companies and appellants/petitioners shall permit customers, staff, and transit travellers to use toilet facilities round the clock if the petrol outlets are open round the clock. If not, facilities shall be available during the working hours of the retail outlets. They shall also display boards at the entrance indicating the availability of water and toilet facilities,” the order stated.
The court issued the orders in an appeal filed by Kerala’s petroleum dealers’ association and several individual outlet dealers, challenging actions by local authorities that treated private toilets at petrol pump premises as public conveniences.
In June this year, a single bench comprising Justice CS Dias passed an interim order stating that toilets in private petroleum retail outlets should not be converted into public toilets. However, on August 13, Justice Dias passed another interim order modifying this direction. The new order stated that washrooms at petrol pumps on National Highways must be open to the public at all times, while toilets at petrol pumps in other areas must be made available to customers and transit travellers. The order also directed owners of petrol pumps outside highways not to restrict public use unless there is a genuine threat to safety.
These directions were subsequently challenged before the division bench. The appellants contended that when petrol pumps are not functional round the clock, how can the toilets be functional round the clock?
They stated that private toilets maintained at fuel stations were specifically intended to cater to the emergency needs of customers who come to refuel their vehicles.