‘Need not be open 24/7’: Kerala HC modifies order on petrol pump toilets

The Kerala High Court on Thursday modified a single judge’s interim order that had required all petroleum retail outlets along National Highways in the state to keep their toilets open 24/7.

A Division Bench comprising Justices Amit Rawal and PV Balakrishnan clarified that toilet facilities at petrol pumps need only be accessible during working hours if the outlet itself is not operational round-the-clock. The court also directed that pumps display boards at the entrance indicating the availability of water and toilet facilities.

In locations off the National Highways, the bench said toilet access for the general public may be allowed at the discretion of the authorities, although 24-hour access can be permitted for customers and transit travellers.

The appeal was filed by the Petroleum Traders Welfare and Legal Service Society, along with five other petroleum retailers, challenging the State Government’s and local bodies’ attempts to convert petrol pump toilets into public facilities. The Single Judge had initially prohibited such conversions but later ordered that toilets along National Highways remain open to the public round-the-clock, which prompted the appeal before the Division Bench.

The Society argued that it is impractical to keep toilets open round-the-clock when pumps themselves do not operate 24/7.

During the hearing, the court noted that providing public conveniences along highways is primarily the responsibility of the National Highways Authority of India. “Basically, it is the duty of the National Highway. If you go to any foreign country, facilities are provided at regular intervals. Here, no such facility exists,” the bench observed. The Division Bench disposed of the writ appeal.
(With LiveLaw inputs.)