Kerala HC says no to opening toilets at private petrol pumps for general public use

KOCHI: The Kerala High Court has directed the state government and local self-government institutions not to require that toilets in private petroleum retail outlets in Kerala be opened for public use. The court issued the order on a petition filed by the Petroleum Traders Welfare and Legal Service Society, an association of 300 retail outlet dealers, against a government order to convert their private toilets into public facilities.
The petitioners contended that they were being forced to open the private toilets maintained by them at the outlets for the emergency needs of customers to the public. They also alleged that the Thiruvananthapuram corporation, as well as certain other local bodies, had pasted posters in some of the retail outlets to give the impression that the toilets are public toilets.
The petitioners said treating toilets in private petroleum retail outlets, which are classified as high-risk zone, as public facilities would lead to unauthorised access. Also, chances of fire breaking out and other catastrophe are very high when a large number of people access the retail outlets in an unauthorised manner.
Suman Chakravarthy, the standing counsel for the Thiruvananthapuram corporation, submitted that it is the duty of the dealers at the petrol pumps to ensure neat and safe toilet facilities for the public, and it is the duty of the LSG department to ensure that the dealers complied with it. In 2013, the Ministry of Road Transport and Highways had issued a circular stating that drinking water and toilet facilities at such outlets shall be accessible to the public around the clock.
Recently, the District Consumer Disputes Redressal Commission, Pathanamthitta, had ordered a petrol pump owner to pay Rs 1.65 lakh as compensation to a teacher for not letting her use the toilet on the premises. The complaint was lodged by C A Jayakumari, a resident of Ezhakulam in Pathanamthitta, against the owner of the filling station in Payyoli, Kozhikode.

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