Justice S P Garg asked the poll panel's lawyer to take instructions and inform the court on this aspect at 2.30 pm today.
The hat symbol was given to the Sasikala-T T V Dhinakaran group by the ECI in March this year after it had frozen the use of the 'two-leaves' symbol, to which a group led by Tamil Nadu Chief Minister E K Palaniswami and O Panneerselvam had also laid claim.
The Palaniswami-Panneerselvam faction had at the same time been granted the 'electric pole' symbol.
However, on November 23 the poll panel ruled in favour of Palaniswami-Panneerselvam faction by allotting the 'two leaves' symbol to them.
The Sasikala-T T V Dhinakaran faction in its plea has also challenged the November 23 order of the ECI, besides seeking interim directions permitting it to use the 'hat' symbol to file nominations.
However, the other faction contended before the court today that only the returning officer (RO) can decide whether the Sasikala faction can use the 'hat' symbol.