V.K. Bali, C.J.

The Animal Welfare Board of India and a registered society by name 'DAYA' (Society for the Prevention of Cruelty to Animals), the petitioners herein, it appears, are more interested in welfare and preservation of stay dogs, even though suffering from fatal diseases or even rabies and appear to have no concern for human being who fall victims of bite of stray dogs in the entire length and breadth of Kerala state. Through the present petition filed, the petitioners thus crave indulgence of this Court to issue appropriate direction to preserve stray dogs even though they have become unwanted because of fatal and dangerous diseases with which they are afflicted. Inasmuch as, in the context of the relief as asked for it is essential to seek to set aside Exhibit P2 dated 25th August, 2004 passed by the Ombudsman, they seek this court to do so.

2. The only question while seeking the relies as enumerated above that has been posed for answer of this court is as to whether the Ombudsman could pass order directing the Corporations, the Municipalities and the Panchayats at all levels to take steps for the destruction of the stray dogs with a minimum of suffering on a