Kochi — In a significant ruling, the Kerala High Court has temporarily restrained the State Government and Thiruvananthapuram Municipal Corporation from designating toilets at private petroleum retail outlets as public restrooms.
Justice C.S. Dias passed the interim order in response to a writ petition filed by the Petroleum Traders Welfare and Legal Service Society and five other petrol station owners. The petition challenges the state’s attempts to convert privately maintained toilets at fuel stations into public access facilities under the pretext of the Swachh Bharat Mission.
The Court has directed that no enforcement action be taken to compel such usage until further notice. It also asked the Municipal Corporation to produce guidelines under the Swachh Bharat initiative that might justify such directives.
Safety & Operational Concerns
The petitioners argued that the washrooms are intended exclusively for customers in urgent need while refueling. They emphasized that local authorities have misrepresented these private facilities by posting signs that imply public access, leading to an influx of non-customers demanding entry.
“This has disrupted operations and, more importantly, posed a safety risk in a high-explosive zone,” said the petitioners, citing incidents involving tourist buses and crowding at the pump premises.
Legal Standpoint
The petition emphasized that the petrol pump toilets are private property and are protected under Article 300A of the Indian Constitution, which guarantees protection from unlawful deprivation of property. They also referred to regulatory protections under the Petroleum Act and Petroleum Rules, 2002.
The petitioners urged the Court to declare that local authorities have no legal grounds to treat these facilities as public utilities and that any forced conversion would be both unlawful and unsafe.
Advocates Adarsh Kumar, KM Aneesh, Shashank Devan, and Yadu Krishnan PM represented the petitioners in court.
The matter will continue to be heard as the state is expected to file its response.
