Kochi: The Kerala High Court has issued an interim order restraining the State Government and local self-government bodies from converting toilets in private petroleum retail outlets into public toilets.

Justice C S Dias passed the order while hearing a writ petition filed by the Petroleum Traders Welfare and Legal Service Society along with five other petroleum retailers. The petition challenged the efforts made by the government and Thiruvananthapuram Municipal Corporation to designate petrol pump washrooms as public toilets.

The petitioners argued that the toilets maintained at fuel stations are private facilities meant for the emergency use of customers who refuel their vehicles, and not for the general public. However, they alleged that civic authorities had pasted posters on their premises, creating the impression that the facilities were open to all.

Due to this, the petitioners said, there have been frequent incidents where members of the public—sometimes entire tourist busloads—demand access to the washrooms. This, they claimed, disrupts petrol pump operations and increases the risk of altercations in high-risk areas with the presence of flammable materials.

They further contended that widespread access to such toilets compromises safety and violates their property rights under Article 300A of the Constitution. The petitioners also argued that there is no provision in existing law, including the Petroleum Act or the Petroleum Rules, 2002, that empowers the authorities to mandate such use.

In light of these concerns, the Court directed the State and the Thiruvananthapuram Corporation not to compel petroleum outlet owners to allow public access to washrooms. It also asked the Corporation to produce relevant guidelines under the Swachh Bharat Mission.
(With LiveLaw inputs.)