Isabella Mariam

The Kerala High Court Single Bench of Justice C S Dias has revised its earlier interim directive, now mandating that all petroleum retail outlets located along National Highways in the state keep their washrooms open to the public 24 hours a day, seven days a week. The Court instructed that such washrooms must display clear boards announcing their availability.

Extending the scope of access, the Court also noted that similar facilities should be available to all customers and transit travellers at retail outlets across Kerala. It further clarified that any person requesting to use the washroom must be granted access, subject only to genuine safety protocol requirements. Oil marketing companies and their dealers may restrict entry only when legitimate security or safety concerns exist.

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The modification was issued while hearing a writ petition filed by the Petroleum Traders Welfare and Legal Service Society along with five other petroleum retailers. The petitioners had challenged attempts by the State Government and local self-government institutions to convert toilets at fuel stations into public toilets.

In its earlier interim order, the Court had observed that toilets at privately owned petroleum outlets were generally not accessible to the public. The change follows submissions from the State of Kerala referencing guidelines issued by the Ministry of Road Transport and Highways (MoRTH) on December 26, 2020. These guidelines require fuel stations, private properties, rest areas, and similar facilities along National Highways to provide drinking water and toilet facilities to the public round-the-clock, with display boards indicating their availability.

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The Indian Oil Corporation (IOC) submitted a counter affidavit, as earlier directed by the Court, stating that its marketing guidelines require toilets to be accessible at all times to customers and transit travellers, subject to safety protocols. However, IOC asserted that such facilities cannot be automatically classified as “public toilets” by local authorities. According to IOC, access for the general public—beyond customers and travellers—remains at the discretion of the outlet dealer or manager.

Similarly, counsel for Bharat Petroleum Corporation Ltd. (BPCL) and Hindustan Petroleum Corporation Ltd. (HPCL) sought additional time to file their responses. The Deputy Solicitor General also requested time to submit a counter affidavit on behalf of the Ministry of Petroleum and Natural Gas.

At the same time, the Court prohibited municipalities from installing boards in front of retail outlets labelling these facilities as “public toilets.”

Case Title: Petroleum Traders Welfare and Legal Service Society v. State of Kerala
Case No.: WP(C) 9329/2025
Bench: Justice C S Dias