Petrol Pump Toilets On National Highways To Be Open During Working Hours, Not 24X7: Kerala High Court Modifies Single Judge Order

The Kerala High Court on Thursday (September 18) modified a Single judge's interim order mandating all petroleum retail outlets located along National Highways in the state to keep their washrooms open to the public 24/7.

The Division Bench comprising Justice Amit Rawal and Justice P.V. Balakrishnan modified the first two directions passed by the Single Judge to the extent that it mandated all retails outlets to provide round-the-clock use of toilet facilities by the public. It ordered,

"(i) In respect of all retail outlets situated along the National Highway in the state the oil marketing companies and the appellant/petitioner shall permit the customer, staff and transit travellers to use the toilet facilities in case the pump run round-the-clock and if not, till the working hours of the retail outlets and display a board at the entrance of the retail outlets indicating the availability of water, toilet facilities.

(ii) In respect of the retail outlets situated in locations other than National Highway, the oil marketing companies and the appellant/petitioner shall permit the use of shall permit the toilet facilities run round-the-clock by the customers and transit travellers only, and for the purpose of the general public at the discretion of authorities."

The appeal was preferred by the Petroleum Traders Welfare and Legal Service Society.

The Society, along with five other petroleum retailers had challenged the attempts made by the State Government and the local self-government institutions to convert the toilets in the outlets into public toilets by way of a writ. The Single Bench hearing the matter had initially passed an interim order that toilets in private petroleum retail outlets should not be converted into public toilets.

However, it later modified the order directing that all washrooms in petroleum retail outlets along National Highways must be open to the public round-the-clock with display boards announcing their availability. This was challenged before the Division Bench.

The Appellant-Society contended that when petrol pumps are not functional around the clock, how the toilets can be functional around the clock.

The High Court then orally remarked that it is the duty of the National Highways Authority of India to provide public conveniences along the toilet. "Basically, it is the duty of the National Highway. If you go to any foreign country, when you go a certain distance, there are convenience made. Here, no such facility," the judges said and disposed of the writ appeal.

A detailed order is awaited.

Case No: WA 2249/ 2025

Case Title: Petroleum Traders Welfare and Legal Service Society v. State of Kerala and Ors.

Citation: 2025 LiveLaw (Ker) 575 

Click to Read/Download Judgment