The authority must disclose reasons when denying temporary permits and prioritize applications according to merit.

1. All these cases are before me, since the State Transport Appellate Tribunal is not functioning. Petitioners challenge the various orders issued by the Secretary, Regional Transport Authority, Thrissur. In certain cases, the Secretary, Regional Transport Authority has passed the following order:
"Returned to the applicant since the route applied for is not in existence. He is directed to apply for regular permit on the route."
In certain cases the following order has been passed by the Secretary, Regional Transport Authority :
"Returned to the applicant since the application for the grant of temporary permit in the vacancy could not be considered. Cash receipt enclosed".
In certain other cases, the following order has been passed by the Secretary Regional Transport Authority:
"Returned with a direction to apply for fresh permit since the regular permit of the vehicle is surrendered and cancelled."

2. Petitioners are aggrieved by various orders mentioned above, as well as the inaction on the part of the Secretary to pass orders on the various petitions filed by them for temporary permit. In certain cases, applications were submitted for temporary permit in the vacancy of another vehicle. Applications have also been preferred highlighting the temporary need due to Sabarimala Festival. In O.P. No. 21978of 1998, petitioner stated that the return of the application stating that the route applied for does not exist cannot be sustained. According to counsel, petitioner applied for a temporary permit on the route Kunnathangadi-Guruvayur, for which regular permit was already granted, which is valid up to 26.5.2002. Permit holder, however, surrendered the permit, and in that vacancy petitioner applied for temporary permit. According to him, since the need continues, Secretary ought to have considered his application for temporary permit.

3. S.87 of the Motor Vehicles Act, 1988 deals with temporary permits. A Regional Transport Authority is given power to grant temporary permits without following the procedure laid down in S.80, for a limited period, which shall not in any case exceed four months in the following cases:
"(a) for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings; or
(b) for the purposes of a seasonal business; or
(c) to meet a particular temporary need, or
(d) pending decision on an application for the renewal of a permit".
R. 133(l)(j) of the Kerala Motor Vehicles Rules enables a Regional Transport Authority to delegate its power under S.87 of the Act to its Secretary. Secretary has also got power to grant or refuse to grant the temporary permit in accordance with S.87 of the Act.

4. When an application is received for temporary permit on intra district route, a Regional Transport Authority or the Secretary of that Authority has to consider that application on merits. Question as to whether a temporary need exists before issuing temporary permit is a jurisdictional fact, and as held by this Court in Hussain Kunju v. R.T.O., Pathanamthitta, 1997 (1) KLT 476, in the case of S.87(1)(d) what the authority has to consider is not whether a temporary need exists or not, but whether a valid application for renewal of regular permit is pending. In such a situation, the temporary need co-exists with permanent need. If there is temporary need, he has to exercise his discretion to grant the permit. Existence of a temporary need necessitated grant of temporary permit. Before granting or refusing to grant the temporary permit, a Regional Transport Authori