Kerala High Court allows non-NH petrol stations to decide whether to permit public access to toilets.
Kerala High Court Modifies Decision on Public Use of Fuel Station Toilets
The Kerala High Court has modified a previous order regarding the use of toilets in fuel stations by the general public. The decision was made by a Division Bench of Justices Amit Rawal and PV Balakrishnan, who heard an appeal filed by Kerala's petroleum dealers association and several individual outlet dealers.
The petitioners, including a registered association of over 300 retail petroleum dealers in Kerala and individual petroleum dealers, alleged in their petition that municipal authorities had arbitrarily pasted posters on washrooms located within private fuel stations, declaring them as 'public toilets.' They contend that this amounts to a mandamus against their interests.
The Court's order, passed on August 13 and modifying an order passed in June by Justice CS Dias, directs that for fuel stations in locations other than National Highways, oil marketing companies and the petitioners shall permit the use of toilets facilities round the clock for customers and transit travellers, but can use their discretion for the general public. However, the order directs owners of petrol pumps outside highways not to restrict public use unless there is a genuine threat to safety.
For petrol pumps along National Highways, customers, transit travellers, and staff can use toilets only during the working hours of the outlets. The Court issued separate directions for petrol pumps situated along National Highways, as they are required to follow a circular issued by the Ministry of Road Transport and Highways.
The Division Bench also ordered that the other directions be maintained, including the one restricting local government bodies from placing boards stating petrol pump toilets are public toilets.
The appellants in the case were represented by advocates including Sri. R. Anilkumar, while the respondents were represented by a group of advocates including Sri. P. Fazil and Senior Advocate Sri. K. Jaju Babu. The modification was made by the Division Bench on August 13.
It is important to note that fuel stations not situated along National Highways can exercise their discretion to disallow general public from using toilets. This modification was made in response to the petitioners' concerns that outlet owners must be allowed to exercise discretion in allowing public use, especially to ensure compliance with safety protocols.
The Court's decision aims to balance the need for public convenience with the rights and interests of fuel station owners. The modified order allows washrooms of petrol pumps on national highways to be open to the public at all times, while allowing those outside highways to exercise discretion in public use. The order also maintains restrictions on local government bodies from declaring fuel station toilets as public toilets without the consent of the outlet owners.
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