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.

JUDGMENT :

AMIT RAWAL, J.

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 and had attempted to espouse their grievance by claiming the following reliefs in the writ petition:

“i. Declare that the private toilets constructed and maintained by petroleum retail outlet dealers within premises of their respective retail outlets are private properties enjoying protection under Article 300A of the Constitution of India and that the respondent authorities are not authorized under any extant law in force to convert or portray such private toilets maintained as public toilets to be used by the general public in light of the specific provisions under the Petroleum Act, Petroleum Rules, 2002 and also exhibit P2(E);

ii. Issue a writ of mandamus or other appropriate writ, direction or order directing the 2^nd respondents to remove exhibits P2, P2(A), P2(B), P2(C), P2(D) from the premises of the retail outlet of the petitioner Nos. 2 to 6 herein and thereby refrain from carrying out any acts in the nature of converting or portraying the private toilet maintained within the premises of the said retail outlet as a public toilet to be used by the general public as the same would fall foul of Article 300A of the Constitution of India ;

iii. Issue a writ of mandamus or other appropriate writ, direction or order interdicting the respondents herein from carrying out any acts in the nature of converting or portraying the private toilet maintained within the premises of retail outlets of member petroleum retail outlet dealers affiliated to the 1st petitioner as a public toilet to be used by the general public as the same would fall foul of Article 300A of the Constitution of India ;

iv. To dispense with the filing of translation of exhibited documents in vernacular language;

v. To issue any other writ or order or direction, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

2. The pith and substances of the reliefs claimed aforementioned reveals that the cause of action accrued in favour of the appellants – writ petitioners on the ground that the local administration started putting up posters on the toilets maintained in the retail outlets, to be used as a public toilets, whereas in essence, the Ministry of Road and Transport had issued a circular dated 26.12.2013 on the subject of maintenance of drinking water and toilet facilities at few stations along the National Highways. The said circular reads as under: