JUDGMENT : The petitioner is owner of 7.28 Ares of land in Survey No.1584/3-1 in Karikod Village of Thodupuzha Taluk. The petitioner states that the land is un-notified land. There is an existing building in the land. 2. As the petitioner wanted to use the land for other purposes, she submitted an application invoking Rule 12 of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 seeking to change the nature of the land in Revenue records. According to the petitioner, since the extent of the land is less than 25 Cents, she is entitled to total fee exemption. 3. To the surprise and predicament of the petitioner, the Revenue Divisional Officer has issued Ext.P5 order dated 06.10.2022 granting exemption to the petitioner in respect of land but at the same time requiring the petitioner to pay an amount of Rs.8,61,306/-based on the Square Feet area of the existing building. 4. The petitioner states that Ext.P5 is highly illegal and arbitrary. No fee can be levied for changing the nature of land in Revenue records, on the basis of a building which is already existing there, contends the petitioner. 5. Government Pleader entered appearance and resisted the writ petition. The Government Pleader controverted all the material allegations made by the petitioner. It is submitted that the petitioner has submitted Form-6 application. Under the Kerala Conservation of Paddy Land and Wetland Rules, the petitioner is bound to pay fees prescribed. Since the extent of land is less than 25 Cents, the petitioner is not liable to pay fee based on the land. However, the fee demanded in Ext.P5 is based on the building. The Government Pleader would submit that the clause requiring the payment of fees for changing the nature of the land based on new construction of building stands stayed by this Court in W.P.(C) No.2785/2021 as per interim order in Abad Builders Private Limited v. State of Kerala [ 2022 (5) KHC 522 ]. 6. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents. 7. Note below Form-1 in the Kerala Conservation of Paddy Land and Wetland Rules makes it abundantly clear that the fee based on Square Feet area of a building is to be paid only in respect of building which are to be constructed in the land. 7. Note below Form-1 in the Kerala Conservation of Paddy Land and Wetland Rules makes it abundantly clear that the fee based on Square Feet area of a building is to be paid only in respect of building which are to be constructed in the land. In the petitioner's case, the building is an existing building and according to the petitioner, the building was constructed even prior to the commencement of the Act, 2008. 8. This Court in the judgment in Global Education Trust v. State of Kerala [ 2021 (1) KLJ 682 ] has held that fee cannot be insisted in respect of a land already utilised by constructing building prior to the incorporation of Section 27A to the Act, 2008 even without obtaining permission of the Kerala Land Utilisation Order. In view of the above, this Court is of the view that Ext.P5 cannot stand the scrutiny of law. Ext.P5 order is therefore set aside and the 2nd respondent-Revenue Divisional Officer is directed to pass an order on the Form-6 application submitted by the petitioner without insisting for payment of fee as demanded in Ext.P5.