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 Governme