Kerala HC Orders 24×7 Public Access to Toilets at Highway Petrol Pumps

The Kerala High Court has amended its earlier decision that limited public use of toilets at private petrol pumps. Justice C.S. Dias has now ruled that washrooms at fuel stations along national highways must remain open to the public 24 hours a day, with proper signboards indicating their availability. Both travellers and customers across the state must be allowed access unless there are valid safety concerns.

Previously, the court had issued an interim order stopping the state government and local bodies from compelling petrol pump owners to open toilets for public use. Pump owners argued that such unrestricted entry hampered operations and posed safety risks due to the presence of flammable substances.

The revised order relies on Union Ministry of Road Transport and Highways (MoRTH) guidelines issued in December 2020, which require drinking water and toilet facilities at highway fuel stations to be open round-the-clock with clear signage.

In its affidavit, the Indian Oil Corporation (IOC) stated that its internal policy already ensures toilet access to customers and travellers, subject to reasonable safety measures. However, IOC clarified that local authorities cannot label these toilets as “public toilets” and that allowing usage beyond customers and highway travellers should be at the dealer’s discretion.

The High Court also instructed municipalities not to put up signboards calling petrol pump toilets “public toilets,” stressing the need for clear and accurate messaging.

The case was filed by the Petroleum Traders Welfare and Legal Service Society, along with other fuel retailers, challenging state and municipal pressure to allow unrestricted public access. They argued it disrupted their work and compromised safety.

Further responses from the Ministry of Petroleum and Natural Gas, BPCL, and HPCL are awaited, as the court has given them more time. This updated order aims to balance public convenience for highway travellers with operational safety for petrol pump operators. The matter remains under judicial consideration.