Kerala High Court Restrains Use Of Toilets At Private Petroleum Outlets As Public Toilets

The Kerala High Court has passed an interim order that toilets in private petroleum retail outlets should not be converted into public toilets.

Justice CS Dias passed the interim order in a writ petition filed by the Petroleum Traders Welfare and Legal Service Society and five other petroleum retailers challenging the attempts made by the State Government and the local self-government institutions to convert the toilets in the outlets into public toilets.

The Court passed the interim order to the effect that the State Government and the Thiruvananthapuram Municipal Corporation should not insist that the washrooms in the petitioners' outlets be allowed to be used by the public. The Court had earlier directed the Thiruvananthapuram Municipal Corporation to produce the guidelines under the Swachh Bharat Mission.

The petitioners contended that the private toilets maintained by them at the outlets for the emergency needs of the customers are being forced to be made open to the public. They stated that the Thiruvananthapuram Municipal Corporation, as well as certain other local bodies, have pasted posters in some of the retail outlets to give the impression that the toilets are public toilets.

Because of such misinformation, many people come to retail outlets demanding toilet access, disrupting the regular functioning of the petrol pumps. This has often led to altercations and quarrels in petrol pump premises, which are high-risk zones due to the presence of explosives. The petitioners stated that often a number of tourist buses arrive at petrol pumps demanding that the passengers be given toilet access.  

The petitioners submitted that the toilets maintained by them are not meant to be used by such large numbers of people and allowing such wide access will impede and even endanger the functioning of petrol pumps.

"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," the petitioners submitted.

They sought a declaration that the private toilets constructed and maintained by petroleum retail outlet dealers within premises of their respective retail outlets are private properties enjoying protection under Article 300A of the Constitution of India and that the respondent authorities are not authorized under any extant law in force to convert or portray such private toilets maintained as public toilets to be used by the general public in light of the specific provisions under the Petroleum Act, Petroleum Rules, 2002.

The petitioners were represented by Advocates Adarsh Kumar, KM Aneesh, Shashank Devan and Yadu Krishnan PM.

Case : PETROLEUM TRADERS WELFARE AND LEGAL SERVICE SOCIETY Versus STATE OF KERALA | WP(C) 9329/2025