Kochi: The Kerala High Court has ruled that restrooms at private petrol pumps are not intended for general public use, stating that they cannot be considered a public facility. A bench presided over by Justice C.S. Dias clarified that these facilities are primarily for the convenience of customers fueling their vehicles. The ruling came in response to a petition filed by the Petroleum Traders and Legal Service Society.
The organization had approached the court challenging orders issued by the Thiruvananthapuram Municipal Corporation and the State Government concerning public access to these restrooms. The petitioners argued that pump owners construct and maintain these restrooms at their own expense for the essential needs of their customers, and widespread use by the general public was causing significant difficulties.
The court accepted this argument, asserting that it could not direct petrol pump restrooms to be opened for general public use. During the hearing of this petition, the court had previously instructed the Thiruvananthapuram Municipal Corporation to construct dedicated public restrooms under the Swachh Bharat Mission.
A key demand in the petition was to restrict the use of pump restrooms strictly to individuals in vehicles that are refueling. The petitioners contended that the toilets constructed and maintained at petrol pumps fall under private property, which is protected under Article 300A of the Indian Constitution. They also sought an order stating that authorities lack the power to convert or depict these restrooms as public toilets for general use, citing specific provisions in the 2002 Petroleum Act and Petroleum Rules.