Non-NH petrol pumps can use discretion to disallow general public to use toilets: Kerala High Court

The Kerala High Court on Thursday modified a single judge's order on the use of toilets in fuel stations by the general public. [Petroleum Traders Welfare and Legal Service Society & Ors. v State of Kerala & Ors]..A Division Bench of Justices Amit Rawal and PV Balakrishnan ordered that fuel stations which are not situated along National Highways (NH) can exercise their discretion and disallow general public from using toilets.Such fuel stations have to permit customers and transit travellers to use their facilities. But when it comes to the general public, the fuel station owners and oil marketing companies are free to use their discretion to permit or not permit them to use the facilities."In respect of retail outlets in locations other than National Highways, oil marketing companies and the appellant/petitioners shall permit the use of toilets facilities round the clock for customers and transit travellers. They shall permit the use of facilities to general public only at their discretion," the Court directed.The Court issued separate directions for petrol pumps situated along NH since they are required to follow a circular issued by the Ministry of Road Transport and Highways on the issue. For petrol pumps along NH, the Bench ordered petrol pump owners and oil marketing companies to permit customers, transit travellers and staff to use toilets only during the working hours of the outlets. "In respect of retail outlets on National Highways in the State, oil marketing companies and appellants/ petitioners shall permit customers, staff, and transit travellers to use toilet facilities round the clock if the petrol outlets are open round the clock. If not, they will permit use during the working hours of the retail outlets. They shall also display boards at the entrance of the retail outlets indicating the availability of water and toilet facilities," the order stated..The Court was hearing an appeal filed by Kerala's petroleum dealers association and several individual outlet dealers challenging actions by local authorities which treated private toilets at petrol pump premises as public conveniences.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 stated that private toilets maintained at fuel stations were specifically intended to cater to the emergency needs of customers who come to refuel their vehicles.They stated that this misrepresentation was causing large crowds, including tourist buses, to access these premises, leading to altercations and chaos and compromising safety at petrol bunks..In an order passed in June this year, single-judge Justice CS Dias granted the petitioners interim relief stating that toilets at petrol pumps are intended for the use of customers alone and not for the general public.However, on August 13, Justice Dias passed another interim order modifying this direction. The new order stated that washrooms of petrol pumps on national highways must be open to the public at all times. Toilets in petrol pumps in other areas must be made available to customers and transit travellers. The order also directed owners of petrol pumps outside highways to not restrict public use unless there is a genuine threat to safety..The petitioners subsequently moved the present appeal challenging these directions, contending that they amount to a mandamus against their interests on a writ petition filed by them. The directions make it seem like they were passed on a public interest litigation petition filed against the petitioners instead, it was contended.In their appeal, the petitioners contended that the outlet owners must be allowed to exercise discretion in allowing public use especially to ensure complaince with safety protocols. ."The impugned order omits and ignores the facilities are essentially customer facilities granted at a retail outlet for the customers who transit the retail outlet for the limited purpose of re fuelling or use of other essential amenities. The impugned orders has the effect of permitting persons or local residence or the persons not in the cause of travel to availing any facility of the retail outlet or without being in bonafide transit," the appeal stated. .The Division Bench today modified the two directions of the single-judge's order objected to by the petitioners. It 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.