In a ruling that flushes away local authority assumptions, the Kerala High Court has declared that toilets at petrol pumps are not public conveniences — they’re strictly for customers only.
The verdict came while hearing a petition from the Petroleum Traders Welfare and Legal Service Society, joined by over 300 fuel outlet operators across Kerala. They challenged moves by local authorities, especially the Thiruvananthapuram Municipal Corporation, which had been pasting posters on petrol pump toilets, branding them as “public toilets” — complete with QR codes for feedback.
Justice CS Dias, issuing an interim directive, made it clear: the State and the Corporation have no business insisting that privately maintained washrooms at fuel stations be opened to the general public. These toilets, he emphasized, are meant to serve customers in emergencies, not serve as rest stops for tour buses and passersby.
Petrol pump owners said the influx of non-customers had created a logistical mess, citing safety hazards under Petroleum and Explosives Safety Organisation (PESO) rules, frequent altercations, and general mayhem — all thanks to what they called a misinterpretation of the Swachh Bharat Mission and Local Self Government Department instructions.
“Each time large groups arrive expecting free access to our facilities, it’s chaos,” the petitioners noted, calling it a public nuisance and a potential safety risk. The local bodies, they argued, cannot convert private infrastructure into public property under the guise of guidelines.
The dealers invoked Article 300A of the Constitution, asserting their right to protect private property — in this case, the humble petrol pump toilet — from being commandeered for public use.
While the legal arguments unfold further, for now, one thing is certain: unless you’re fuelling up, those toilets at the pump are off-limits.
