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The Kerala High Court has issued an interim order prohibiting the use of restrooms at private petrol pumps as public toilets. This decision impacts numerous individuals who utilize these facilities during long and short journeys.
Kochi: The Kerala High Court has issued an interim order prohibiting the use of restrooms at private petrol pumps as public toilets. This decision was made by Justice C.S. Dias in response to a writ petition filed by the Petroleum Traders and Legal Service Society. The petition challenged the directive from local bodies that compelled petrol pump owners to provide restroom access to the general public.
The court clarified to the Thiruvananthapuram Corporation and the state government that private petrol pumps cannot be forced to allow unrestricted public access to their restrooms. It further directed the Thiruvananthapuram Municipal Corporation to explore the construction of public restrooms under the Swachh Bharat Mission, shifting the responsibility away from private establishments.
The petitioners argued that restrooms at petrol pumps are built and maintained by the owners for the use of their customers, particularly during emergencies. They expressed concern that current regulations and instructions from municipal authorities have led to the misconception that these facilities are public toilets. This situation, they claimed, has disrupted the regular operations of petrol pumps and led to frequent arguments between staff and the public.
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Operational disruptions and security concerns
Instances were cited where tourists and travellers, including those arriving in large numbers via tourist buses, used the restrooms extensively, posing both maintenance and security challenges. The petition underscored that pump owners have invested in building and maintaining these facilities for customer convenience and not for public utility. The unrestricted usage has led to significant practical difficulties in daily operations.
The central demand of the petition was that restroom access at petrol pumps should be limited to individuals refueling their vehicles. The legal team representing the petitioners included Adarsh Kumar, K.M. Aneesh, Shashank Devan, and Yadukrishnan.
Consumer court case highlights legal expectations
In a related case earlier this year, a consumer court fined a petrol pump owner Rs 1,65,000 for denying access to a restroom. The complaint was filed by C.L. Jayakumari, a teacher from Eerakath Illam, Ezhakulam, against Fathima Hanna, the owner of a petrol pump in Thenankali in Kozhikode's Payyoli. The court ruled that the petrol pump was operating without the required toilet facilities, which are mandatory for obtaining operational permits. This judgment underscored the legal expectation that licensed petrol stations must provide basic amenities, but also highlighted the ongoing debate around whether those amenities should be extended beyond their customer base.
