Fuel Station Toilets Along National Highways Must Remain Open To Public, But Cannot Be Labelled As Public Toilets: Kerala High Court
A writ petition was filed by a registered association of petroleum retail outlet dealers challenging the actions of local bodies branding the toilets at fuel stations as public utilities.
Justice CS Dias, Kerala High Court
The Kerala High Court has held that while fuel stations situated along National Highways are required to provide round-the-clock access to toilet and drinking water facilities for the public, such facilities cannot be arbitrarily designated as "public toilets" by municipal authorities.
A writ petition was filed by a registered association of petroleum retail outlet dealers, challenging the actions of local bodies branding the toilets at fuel stations as public utilities.
A Bench of Justice C.S. Dias ordered, “In respect of all retail outlets situated along the National Highways in the State, the Oil Marketing companies and the petitioners shall permit the public to use the toilet facilities round-the-clock, and display a board at the entrance of the retail outlets indicating the availability of water and toilet facilities as per Annexure R1(b) Circular.”
The Court added, “The respondents 2 and 5 are restrained from displaying any board indicating that the petitioners’ retail outlets are public toilets.”
Advocate Adarsh Kumar appeared for the Petitioners, and Deputy Solicitor General O.M. Shalina appeared for the Respondents.
Background
The petitioners approached the Court after the Thiruvananthapuram Municipal Corporation and Thodupuzha Municipality installed display boards near their retail outlets indicating that the outlets' toilet facilities were public toilets. The dealers argued that these toilets are located on private property and are primarily meant for their customers and transit travellers, and that the actions of the municipal authorities amounted to an unauthorized conversion of their facilities into public toilets.
The Respondent, in its statement, pointed to a circular issued by the Ministry of Road Transport and Highways (MoRTH), which requires retail outlets along National Highways to provide toilet and drinking water facilities for the public on a 24/7 basis, with appropriate signage displayed.
It was further said that the amended Marketing Discipline Guidelines, 2024, state that toilet facilities at retail outlets are to be accessible to customers and transit travellers at all times, subject to safety protocols. However, it asserted that there is no specific mandate to allow unrestricted access to the general public, and no penalty is imposed for limiting such access.
Finding
The Court observed that the petitioners and the oil marketing companies did not dispute the requirement under the MoRTH circular for allowing public access to facilities at outlets located on National Highways. They also conveyed no objection to permitting general public use at other locations, provided it is subject to safety protocols and dealer discretion.
The Court thus modified its earlier interim order dated June 17, 2025, and directed that all retail outlets situated on National Highways must keep their toilet and water facilities open to the public round-the-clock, with display boards indicating their availability in line with the MoRTH guidelines. It added, “In respect of the retail outlets situated in locations other than on National Highways, the Oil Marketing companies and the petitioners shall permit the use of the toilet facilities round-the clock by customers and transit travellers. They shall also permit general commuters/public to use the toilet facilities at the retail outlets, provided the user satisfies the safety protocols to the dealer's satisfaction.”
The matter has been posted for further hearing on September 24, 2025. The respondents have been granted time to file their counter-affidavits before the next date. The modified order will remain in force until further orders.
Cause Title: Petroleum Traders Welfare And Legal Service Society & Ors. v. State of Kerala & Ors.
Appearance:
Petitioners: Advocates Adarsh Kumar, K.M.Aneesh, Shashank Devan, Yadu Krishnan P.M.
Respondents: Deputy Solicitor General Of India O.M. Shalina, Advocates Suman Chakravarthy, Unnikrishnan V. Alappat, Nithin George, M.V.Haridas Menon, Rithu Jose, Gopikrishnan Nambiar, K.John Mathai, Joson Manavalan, Kuryan Thomas, Paulose C. Abraham And Raja Kannan, M/S A Parvathi Menon, Meera R. Menon , Biju Meenattoor , Devika J.M, P.Sanjay, Paul Varghese (Pallath) Kiran Narayanan, Rahul Raj P & Muhammed Bilal.V.A