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Petrol pump toilets should be available for people on highways: Kerala High Court

Petrol pump toilets should be available for people on highways: Kerala High Court


The Kerala High Court has revised its earlier ruling restricting public access to toilet facilities at private petrol stations. Justice C. S. Dias has now mandated that restrooms at retail fuel outlets on national highways must be accessible to the public 24 hours a day, with clear signage indicating availability. General travelers and customers across the state must be allowed to use these facilities as long as entry does not raise valid safety concerns.

Earlier, the court had issued an interim injunction, preventing the state government and local municipal bodies from forcing petrol pump owners to open their washrooms to the public. Owners had argued that unrestricted public access disrupted operations and posed serious safety hazards in high-risk environments dealing with flammable substances.

In today’s modification, the Court leaned on guidelines from the Union Ministry of Road Transport and Highways (MoRTH) issued in December 2020. These standards require drinking water and sanitation facilities at fuel stations and rest areas along national highways to be available to the public round-the-clock, complemented by signage.

In response to judicial directions, the Indian Oil Corporation (IOC), through its affidavit, confirmed that its internal policies require toilets at retail outlets to be accessible to customers and transit commuters consistently, subject to reasonable safety protocols. However, IOC clarified that local authorities cannot unilaterally label these toilets as “public toilets.” Allowing general public usage beyond travelers and customers should remain a dealer’s discretion.

The High Court also directed local municipalities to refrain from installing signboards that designate petrol pump toilets as “public toilets,” affirming the importance of precision in public messaging.

The writ petition was filed by the Petroleum Traders Welfare and Legal Service Society and additional fuel retailers, who contested state and municipal actions pressuring them to open washrooms to all. The petitioners argued that such measures hampered their regular operations and compromised site safety.

Further submissions from the Ministry of Petroleum and Natural Gas, BPCL, and HPCL are pending; the court granted them additional time to respond.

This amended order strikes a more balanced stance—ensuring essential sanitation access for highway travelers while preserving operational flexibility and safety for petrol pump operators. The matter continues as part of an ongoing legal deliberation between the state, retailers, and regulatory bodies.

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