IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, P.V.BALAKRISHNAN
Petroleum Traders Welfare And Legal Service Society, Represented By Its Chairman Luke Thomas, S/o. Thomas – Appellant
Versus
State Of Kerala, Represented By Its Secretary, LSG Department, Government Secretariat, Thiruvananthapuram – Respondent
| Table of Content |
|---|
| 1. legal validity of maintaining private toilet facilities. (Para 2) |
| 2. context of local administrative actions proposing public toilet usage. (Para 3 , 4) |
| 3. arguments about the necessity and safety of public access. (Para 6 , 9 , 10 , 12) |
| 4. court's modification regarding access permissions. (Para 14 , 16) |
JUDGMENT :
The appellants-writ petitioners, had approached the Single Bench of this Court vide writ petition on the premise that they are registered association of Petroleum retail outlet dealers carrying out the retail outlet dealership business across the length and breadth of the Kerala State, registered under the Tranvancore- Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. For the purpose of carrying out the activities of the retail outlets had entered into a separate retail outlet dealership agreement with various Oil Marketing Companies such as Indian Oil Corporation, Bharat Petroleum Corporation Limited, Hindustan Petroleum Corporation Limited of catering Petrol, Diesel, gas and other gasoline needs of the various customers across the State. It has about 300 retail outlets having vast experience in the field of the retail outlets a
The court affirmed that toilet facilities in retail outlets may be designated for public use but discretion lies with the operator to ensure safety and manage access appropriately.
Authorities must adhere to regulatory guidelines when issuing permissions; however, prior involvement in proceedings mitigates claims of prejudice due to non-hearing.
The court upheld that urban fuel stations are exempt from minimum distance requirements under the NHAI guidelines to ensure public access.
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